The Fair Labor Standards Act (FLSA) requires that all covered, nonexempt employees be paid at least the minimum wage for all hours worked. FLSA also provides that covered, nonexempt employees who work more than 40 hours in the work week must receive at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a work week). A work week, which can begin on any day of the week, is seven consecutive 24-hour periods or 168 consecutive hours. A covered, nonexempt employee must be paid for all hours worked.
Several common issues with regard to overtime pay:
- Unpaid Overtime
- If you believe you have worked overtime without receiving fair pay, contact our overtime lawyers for a complimentary case review. No one should work without receiving pay in return.
- Exempt from Overtime
- Collective bargaining agreement may address the wages, hours, and other conditions of employment between an employer and employee representations (such as a union). Generally, an employee, or union on behalf of an employee, may not waive his or her rights to overtime pay by agreement or contract.
- Working "Off the Clock"
- The term "employ" includes the words "suffer or permit to work." This means that if an employer requires or allows employees to work, the time spent is generally considered hours worked, and may count toward overtime.
- When an employee must correct mistakes or errors in his or her work, the time spent "reworking" must be treated as hours worked, even if the employee voluntarily undertakes the work.
- Waiting for Work
- The time an employee is required or allowed to be at work for the employer is hours worked. The Supreme Court has stated that employees subject to FLSA must be paid for all the time spent in "physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer of his business."
- Overtime Regardless of Place of Work
- The hours worked include the hours in which an employee is required or allowed to perform work for an employer, regardless of where the work is done. This includes the employer's premises, a designated work place, a home, or some other location.
- Volunteer Overtime
- An employer is responsible for overseeing and exercising control over its employee's work, and cannot accept the benefits of work without considering the time spent to be hours worked. An employer must make every effort to enforce rules and policies regarding overtime work.
Unpaid Overtime Lawsuits
Workers are fighting back against corporations unfairly making profits through unpaid overtime. Unpaid overtime lawsuits have been filed against AT&T, Wal-Mart, Radio Shack, Starbucks, and countless other companies. Corporations have been found guilty of bilking employees out of their pay for working overtime. They force employees to remain on the job after clocking out, intimidate workers who ask for overtime pay, fail to follow the new overtime regulations set by the government, and engage in several other despicable practices regarding overtime pay. If you believe you have not received pay deserved to you, contact the Rasansky Law Firm for a complimentary consultation on your situation. Our Dallas-based attorneys strongly advocate for overtime pay nationwide. We enable our clients to recover for their injuries, pain and suffering, medical expenses, property damage, lost wages, and other losses sustained. We demand strict professional standards. Our Dallas-based attorneys are among the best personal injury lawyers and have resolved many multi-million dollar personal injury cases. We are passionate about our role as advocates and treat our clients with complete respect and compassion. We are committed to utilizing all available legal advantages and tactic to successfully resolve your overtime pay claim.