OVERTIME VIOLATIONS Unless you are specifically classified as an “exempt” worker, your employer must pay you overtime wages for any hours you work over 40 hours in a workweek (see this prior blog entry). Your employer must pay overtime wages at a rate of at least one and one-half times
The Fair Labor Standards Act entitles nearly every employee to time and a half for hours worked over 40 in a workweek — including to people paid a salary rather than an hourly wage. Although research suggests that 80% of employees are entitled to overtime, about 70% of employers are
No matter what, people have to eat. And restaurant employees will always be there to serve them. There are over 7 million people employed in restaurants in the United States, a large percentage of whom work in fast food establishments. These jobs are often very transient, and the fact is
I. Misclassification as Exempt Under the federal Fair Labor Standards Act (“FLSA”) some employees are exempt from receiving (or are not entitled to) overtime pay. However, unless you qualify for one of the overtime exemptions, it is likely your employer should be paying you one-and-one half times your regular rate
Failure to Pay Overtime Wages is illegal. Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week. All time worked must be counted in calculating overtime including, all work activities and activities
In March, 2013 Eleventh Circuit Court of Appeals held that “there is nothing in the [Fair Labor Standards (“FLSA”)] that would allow us to conclude that undocumented aliens, although protected by the Act, are nevertheless barred from recovering unpaid wages thereunder.” Lamonica v. Safe Hurricane Shutters, Inc. An undocumented alien’s
ARE YOU ENTITLED TO OVERTIME IF PAID SALARY? MAYBE. How you are paid does not impact whether or not you are entitled to overtime. This is true regardless of whether you are paid by the hour, by the day or by the week. It also holds true if you are
Maybe. Just because your employer pays you a salary does not necessarily mean you are ineligible for overtime. In other words, you may be entitled to receive overtime even if your employer tells you that you are not. Whether or not an employee is entitled to overtime depends on the
