Workers employed by two Guam bakeries have recovered over $100,000 in back wages and liquidated damages for violations of their overtime pay rights under the federal labor laws that govern the payment of overtime in Guam – the Fair Labor Standards Act’s.

These workers were paid their straight time rates for the overtime hours they worked each week. The employer acknowledged not paying overtime, and told investigators that employees agreed with the arrangement to get more work.

As noted by the Department of Labor Wage and Hour District Director in Honolulu, Hawaii. “Federal law prohibits an employer from entering into any agreement with employees to waive their right to overtime pay,” “Simply because an employee may agree to a particular arrangement does not make it legal.”  In short, your overtime pay rights can’t be given up by signing a contract or by agreeing to be paid a day rate or straight time only. If you are owed overtime pay, the overtime pay laws allow you to seek back wages from your employer, regardless of any prior agreement. Courts will not enforce illegal employment contracts that deny workers the overtime pay they are guaranteed by the labor laws.

As this case illustrates, the amounts of unpaid overtime pay due workers can be substantial – making it well worthwhile for employees who feel they are being cheated out of pay to take steps to insure they have been paid properly.  

What Do I Do if I’m Being Cheated Out of Overtime Pay?

If you are not being paid 1.5 times your regular rate of pay for all overtime hours or if you aren’t sure that your overtime pay is being calculated correctly, contact us for a free and confidential review of your specific situation, and to see how much you may be owed in back pay.

Michael Lore is the founder of The Lore Law Firm. For over 25 years, his law practice and experience extend from representing individuals in all aspects of labor & employment law, with a concentration in class and collective actions seeking to recover unpaid back overtime wages, to matters involving executive severance negotiations, non-compete provisions and serious personal injury (work and non-work related). He has handled matters both in the state and federal courts nationwide as well as via related administrative agencies. If you have any questions about this article, you can contact Michael by using our chat functionality.