Employees deserve fair compensation for hours worked. When hourly employees work more than 40 hours a week, they deserve overtime pay. Overtime pay is calculated at 1.5 times the regular pay rate. Whether employees work 10 minutes over 40 hours or several hours, they deserve proper overtime pay for all hours worked.
When an employer attempts to deny proper overtime pay, you have the right to seek justice. You need a top wage and hour lawyer to help you get the money you earned for the hours you worked. The best wage and hour lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients’ needs.
The Fair Labor Standard Act (FLSA) sets the rules for employee overtime pay. Under the FLSA, non-exempt (hourly) employees deserve to earn additional wages for hours over 40. Typically, hourly employees earn at least an hourly rate equal to or greater to minimum wage ($7.25 per hour under federal minimum wage laws). When these employees work more than 40 hours, these employees should earn 1.5 times their hourly pay rate.
The FLSA says overtime is calculated weekly. An employee can work up to 40 hours at regular pay every week. However, the moment that employee works over 40 hours, they deserve overtime pay. The law also states that overtime is calculated weekly, even if employers pay their employees bi-weekly, bi-monthly, monthly, or in other methods. Therefore, if an employer pays employees every two weeks, they must pay overtime for each week. If you work 42 hours in one week and 38 hours in the second week, your pay should reflect two hours of overtime pay.
Non-exempt employees receive an hourly pay rate. These employees are entitled to overtime pay. Exempt employees earn a salary. As a result, they do not receive overtime pay. The law clearly states rules regarding exempt employees. Exempt employees must earn at least $684 weekly. They must be a professional, administrative employee, or an executive employee. Alternatively, an employee in a non-labor position earning at least $107,432 a year can be classified as exempt.
Examples of exempt employees include, but are not limited to, the following:
Employers can violate overtime laws in several ways. The following examples are ways in which employers can violate overtime pay laws:
When an employer pays incorrect overtime pay, they commit wage theft. Victims of wage theft have the right to demand fair compensation for hours worked. When an employer commits wage theft, they may not be aware they are doing so. Employees have the right to confront their employers and ask for proper overtime pay. However, if employers refuse to pay the owed money, employees have the right to consult an attorney and file a complaint for improper overtime pay and wage theft. The top wage and hour lawyers at the Derek Smith Law Group can help you get the compensation you deserve.
The law is clear. Employees have a right to fair compensation for hours worked. Overtime pay is fair compensation for hours worked. If your employer chooses to fire you in retaliation for complaining about incorrect overtime pay, they are committing wrongful termination. Labor laws prohibit any form of retaliation and wrongful termination in the workplace.
Employers must pay employees proper overtime pay. If they fail to do so, you have a right to file a claim for wage theft. The law states that employees have two years to file a claim for wage theft if their employer did not know they were violating the law. However, if an employer intentionally violates overtime laws, employees have three years to file a lawsuit with the Department of Labor.
Employers must pay employees back pay for overtime. However, the courts may order additional damages to employees. The court may order an employer to pay liquidated (double) damages, which is double the amount of back pay owed to an employee for wage theft. The court may also order employers to pay punitive damages. Punitive damages are damages or money meant to punish the employer and prevent the employer from committing wage theft in the future.
Your employer would not fight a lawsuit without a lawyer on their side. Therefore, you should not fight your employer without a qualified wage and hour lawyer on your side. A top wage and hour lawyer can help you fight your employer from the moment you decide to file a claim until the final judgment gets entered. They will help you collect evidence for your claim. They will help you file your claim in the proper court. They will prepare you for a deposition and trial. They will fight for a settlement. If necessary, they will be your right-hand person in court as you fight for justice.
You deserve to earn fair compensation for hours worked. Sometimes, that fair compensation includes overtime pay. If your employer refuses to pay you as you deserve, you have the right to fight back and demand justice. The best wage and hour lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, and New Jersey can help. Call today at 800.807.2209 to learn more about your rights and get the justice you deserve.
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Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Lorem Ipsum is simply dummy text of the printing and typesetting industry. Lorem Ipsum has been the industry’s standard dummy text ever since the 1500s, when an unknown printer took a galley of type and scrambled it to make a type specimen book. It has survived not only five centuries, but also t…
Overtime pay is calculated at a rate of 1.5 times your regular hourly pay rate.
Secretaries do not fit in the category of exempt employees. Exempt employees must be an executive employee, administrative employee, or a professional. Secretaries are considered non-exempt employees. Therefore, you should receive overtime pay.
If you work over 40 hours in any week, you deserve overtime pay for that week. Overtime is calculated weekly. It is not calculated for a pay period.
The law says that employees have two years to file a claim for incorrect overtime pay if the issue was unintentional. However, employees have three years to file their claim if an employer intentionally pays incorrect overtime wages.
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Learn your rights if your employer pays incorrect overtime pay to employees working overtime hours. Call us for a free consultation. 800.807.2209
Your employer can round your time up or down as needed. However, if they round it to every 15 minutes, they must follow the seven-minute rule. The seven-minute rule means 7 minutes past the ÂĽ hour must be rounded down. 7 minutes before the ÂĽ hour, get rounded up.
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Learn more about time-rounding practices in the workplace and your related rights. Call us for a free consultation. 800.807.2209.
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