Putting in an honest day’s work means you should earn an honest day’s pay. What happens when you go above and beyond and work overtime? Overtime regulations can be complicated. If you don’t understand your rights, you may be leaving yourself open to being taken advantage of by your employer.
Is it illegal for your employer not to pay overtime? The legal team at The Vaughn Law Firm can help answer your overtime payment questions.
Is My Employer Legally Required to Pay Overtime?
The answer is, “It depends on the situation.” The Fair Labor Standards Act is a federal regulation that stipulates employees must be paid overtime when they work more than 40 hours in one workweek. The law also sets the rate of overtime pay. Employees must earn 1 ½ times their regular rate. The FLSA does not require employers to pay overtime wages if work is needed on Saturdays, Sundays, or holidays unless that work puts an employee over the 40-hour-per-week threshold.
Technically, if an employee works 41 hours in a workweek, they would be due to receive one hour of overtime pay at the rate of 1 ½ times their typical rate of pay. As the FLSA is a federal law, all employers are bound by the requirement, meaning it may be illegal for an employer not to pay overtime wages.
Exceptions to the Rule
It is vital to understand there are exceptions to the rule. Some exemptions apply. Salaried employees, administrators, and executives do not qualify for overtime pay. Farmworkers, salespeople, and mechanics might also be exempt from receiving overtime pay. Additionally, contract workers are not entitled to overtime compensation.
Are you employed in one of these fields? Then it might not be illegal for an employer to avoid paying you overtime wages.
What to Do If You Believe You’ve Been Denied Overtime Pay
Not all companies are law-abiding. Some may try to skirt federal regulations and save money by not paying their workers overtime wages. Employers might try to avoid paying overtime by misclassifying employees as overtime exempt, miscounting hours, or falsifying timecards. Employers may even be so bold as to simply not pay an employee the overtime they rightfully earned, even with proper documentation on hand.
Unfortunately, it is not uncommon for employers to violate the overtime pay aspect of the Fair Labor Standards Act. The U.S. Department of Labor estimates that in the fiscal year 2021, they received 7,159 overtime wage complaints totaling $138,674,500 in back wages.
Do you suspect that your employer is unfairly and illegally withholding your overtime pay? It is time for you to speak with an experienced wage and hour claims attorney. An attorney can help you hold your employer accountable by filing a complaint with the U.S. Department of Labor’s Wage and Hour Division. An attorney can also discuss other potential legal options with you, such as suing your employer and seeking compensation for your losses.
Contact a Skilled Wage and Hour Claims Lawyer Today
Your livelihood is important to you and your family. You deserve to be paid fairly for the hours you put in. If you believe your employer is withholding overtime pay from you, it is time to contact an experienced wage and hour claims lawyer. The legal team at The Vaughn Law Firm can protect your rights and pursue compensation for your financial losses.
To set up a free and confidential legal consultation, contact our office online or call 877-615-9495 today. We want to help you recover the money you rightfully earned and more.