Unpaid Overtime Lawyer

Unpaid Overtime

Overtime Pay Law

The Fair Labor Standards Act (FLSA) requires that all covered, nonexempt employees be paid at least the minimum wage for all hours worked. The FLSA also provides that covered, nonexempt employees who work more than 40 hours in the workweek must receive at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a workweek). A workweek, which can begin on any day of the week, is 7 consecutive 24-hour periods or 168 consecutive hours.

Unpaid Overtime Help

if you feel you have worked overtime without receiving fair pay, contact our overtime lawyers as soon as possible for a free case review. You shouldn't have to work without getting paid.

Determining Overtime Pay

The amount of pay due an employee cannot be determined without knowing the total number of hours actually worked by that employee in each workweek. An employee must be paid for all of the time considered to be hours worked and all time that is hours worked must be counted when determining overtime hours worked.

Exempt from Overtime

Collective Bargaining Agreements (CBAs) are agreements between employers and representatives of their employees (e.g., unions) which address the wages, hours and other conditions of employment. Generally, an employee, or a union on behalf of an employee, may not waive his or her rights under the FLSA by agreement or contract, including what hours must be counted as hours worked.

Working Off the Clock

The FLSA defines the term "employ" to include the words "suffer or permit to work". Suffer or permit to work means that if an employer requires or allows employees to work, the time spent is generally hours worked.

Thus, time spent doing work not requested by the employer, but still allowed, is generally hours worked, since the employer knows or has reason to believe that the employees are continuing to work and the employer is benefiting from the work being done. This time is commonly referred to as "working off the clock."

Rework

When an employee must correct mistakes in his or her work, the time must be treated as hours worked. The correction of errors, or "rework", is hours worked, even when the employee voluntarily does the rework.

Waiting for Work

Time which an employee is required to be at work or allowed to work for his or her employer is hours worked. A person hired to do nothing or to do nothing but wait for something to do or something to happen is still working. The Supreme Court has stated that employees subject to the 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

Hours worked include all the time during which an employee is required or allowed to perform work for an employer, regardless of where the work is done, whether on the employer’s premises, at a designated work place, at home or at some other location.

Volunteer Overtime

It is the duty of management to exercise control and see that work is not performed if the employer does not want it to be performed. An employer cannot sit back and accept the benefits of an employee’s work without considering the time spent to be hours worked. Merely making a rule against such work is not enough. The employer has the power to enforce the rule and must make every effort to do so. Employees generally may not volunteer to perform work without the employer having to count the time as hours worked.

Unpaid Overtime Lawsuits

Workers are fighting back against corporations unfairly making profits through unpaid overtime. Unpaid Overtime Lawsuits have been filed against AT&T, Racetrac, Wal-Mart, Radio Shack, Starbucks and countless other greedy companies trying to make profits by not paying overtime. Greedy corporations such as these 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,

If you have been forced to work overtime without pay, you may be entilted to be compensated for your unpaid wages. contact our overtime lawyers as soon as possible for a free unpaid overtime consultation.

 

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