The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rate of pay.
There is no limit in the FLSA on the number of hours employees aged 16 and older may work in any workweek. The Act does not necessarily require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest unless overtime is worked on such days. The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular payday for the pay period in which the wages was earned.
Many employers need employees to work overtime to satisfy the demands of their businesses. On the other hand, many employees depend on overtime hours to support their families. Some businesses do not comply with the law, and employees’ paychecks may not reflect the amount of time those employees have worked. Likewise, some employers are not aware of the federal laws that protect workers earning overtime compensation.
Actions which constitute overtime wage violation are as follows:
- Employees who don’t receive overtime compensation in because their employer erroneously misclassified them at as salaried and exempt, making them exempt from FLSA’s overtime requirements.
- Employees who don’t receive overtime compensation due to failure or negligence of their employers to identify, record and compensate for all hours worked, including “off-the-clock” hours.
- Employees who only receive regular pay rates during their overtime hours rather than the correct time and one-half rate.ed damage, attorneys’ fees and costs. it’s important to get professional legal representation from an overtime lawyer in Key West that is always looking out for the best interest of their client.
In addition to providing overtime compensation representation, Todd W. Shulby, P.A. also offers legal counsel and advisement in all cases regarding labor and employment law in Florida. All workers deserve to earn the correct wages they have rightfully earned. Also, employers deserve to be free from unwarranted lawsuits where they have already paid their employees fairly and in accordance with the law. Call today and schedule a consultation.