Every year many employees are cheated on their paychecks when they do not receive overtime pay for overtime work, or for some other reason are not properly compensated under the rules of the Fair Labor Standards Act (FLSA).
If your employer does not compensate you for all of the time you are working like for example routinely making you do work before you are clocked in, not paying you for overtime work, you may have an FLSA claim.
Overtime Law & Minimum Wage Violations
Typically, if you are a non-exempt employee you must be paid minimum wages consistent with federal and state wage and hour laws, and also overtime pay in the amount one and a half times your normal hourly rate for any hours worked in excess of 40 in a workweek. If you are not paid minimum wages or overtime pay, and you are a non-exempt employee, you may have a claim against your employer. Just because you are paid a salary and/or receive a commission, does not automatically mean that you are an exempt employee who is not eligible for minimum wages or overtime pay. Moreover, the fact that you agreed to your employer’s method of payment does not mean that you are not eligible under the wage and hour laws for minimum wages and overtime payments. To be exempt, your job duties and payment scheme must meet all the requirements of one of the exemptions to the overtime and minimum wage laws.
Please click the following links for further details on specific Wage Theft areas:
- Overtime Pay Calculations
- Misclassification as Exempt from Overtime
- Off the Clock Work
- Independent Contractors
- Minimum Wage Rights
To speak with an experienced Wage Theft Attorney at Siro Smith Dickson PC, please contact us now.