Time and a half law refers to overtime pay for employees. Non-exempt employees earn overtime pay for hours worked over 40 per week. Labor laws say overtime pay must be paid at time and a half. Any non-exempt (hourly) employee has the right to 1.5 times their regular pay rate when they work over 40 hours a week.
Your employer may attempt to misclassify you as an exempt employee. They may attempt to pay you straight pay for overtime worked. Either way, your employer violates the Fair Labor Standards Act (FLSA) and time and a half laws. When that occurs, you have the right to hold your employer accountable. The top wage and hour lawyers at the Derek Smith Law Group in New York City, Philadelphia, Miami, Los Angeles, San Francisco, Los Angeles, and New Jersey can help you get the money you earn.
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients’ needs.
Time and a half is the rule related to overtime pay in the Fair Labor Standards Act (FLSA). According to the FLSA, any non-exempt employee working more than 40 hours per week deserves overtime pay. The overtime pay must be paid at 1.5 times their regular pay rate. Therefore, employees must earn time and a half for overtime work.
Not all employees earn time and a half when they work overtime. The FLSA says employers must pay non-exempt (hourly) employees time and a half or overtime pay. These employees earn a pay rate (at least minimum wage) for every hour they work. When they work more than 40 hours in a given week, they earn 1.5 times that pay rate.
Exempt employees earn a salary. In other words, they earn the same pay rate, whether working one hour a week or 60 hours or more weekly. In most cases, as long as these employees are properly classified as exempt employees, they will not earn any overtime pay. They are not typically entitled to receive time and a half as they do not earn an hourly pay rate or overtime pay.
Employers may violate time and a half law in several ways. They may misclassify employees. They may pay them straight time for working over 40 hours. They may force them to conduct work off the clock. Here are some examples of ways in which employers violate time and a half law:
You have the right to receive overtime as a non-exempt employee. When your employer denies you that right, they are committing wage theft. You have the right to hold them accountable for their actions. The first step may be to discuss the mistake with your employer or HR department. However, if they ignore you, you have the right to seek legal advice. You may speak with a wage and hour lawyer about filing a claim with the Department of Labor for wage theft. The top wage and hour lawyers at the Derek Smith Law Group can help.
Wage theft is a serious claim. The courts take it very seriously. They want to ensure you get paid the money you deserve sooner rather than later. Therefore, they set a time limit for you to file your claim for wage theft. The FLSA says you have two years (three years if your employer intentionally violated the law) to file your claim for wage theft with the Department of Labor. State laws may offer a longer time limit for such claims. The best wage and hour lawyers at the Derek Smith Law Group can help you ensure you meet the time limit to file your claim.
The law protects your rights to demand fair compensation for worked hours. Your employer cannot retaliate against you when you confront them about wage theft. If you get fired as a result of your complaint, they commit an act of wrongful termination. You have the right to fight back and demand justice.
The courts will insist your employer pays you any lost wages for time and a half violations. The courts will also insist your employer pay you additional damages. In some cases, they will order employers to pay liquidated damages or double the money owed in back pay. They may also order your employer to pay punitive damages. Punitive damages are monies meant to punish your employer and prevent them from committing wage theft in the future.
You have a right to get the proper and fair compensation for every hour worked. When your employer attempts to deny you time and a half for overtime hours, you have the right to 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 for a free consultation at 800.807.2209.
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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…
The FLSA says that overtime pay is supposed to be paid at time and a half. Your employer cannot pay you regular pay for hours over 40 without violating the FLSA.
The FLSA gives employees two years (3 years if violations are intentional) to file a claim for time and a half law violations and wage theft.
Employers will have to pay back pay for money owed for overtime hours. Many times, they will also get ordered to pay liquidated damages or two times the lost wages. Courts may also order your employer to pay additional money, known as punitive damages. This money is intended to punish your employer and send a message that this type of violation is not tolerated.
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Learn about your rights to earn 1.5 times your regular pay rate for overtime under time and a half laws. Call us for a free consultation. 800.807.2209
Tell us about your situation so we can get started fighting for you. We tailor each case to meet our clients' needs.
