Overtime Violations

The Fair Labor Standards Act (“FLSA”) requires many employers to pay their employees time and one-half their “regular rate” of pay for every hour worked over 40 in a workweek. Your “regular rate” includes any hourly rate you are paid plus bonuses, commissions, or other compensation. Consequently, your “regular rate,” and your overtime pay rate, may be higher than you think! The experienced employment attorneys at OSMAN & SMAY LLP can assess which overtime laws and specific overtime requirements may apply to your situation.

Examples of common overtime violations:

  • Paying “straight time” wages for overtime hours worked
  • Keeping incomplete time records, or even none at all, making it difficult to determine the hours worked
  • Deducting for breaks you did not take
  • Paying only a salary – just because you are paid a salary does not mean that you are not entitled to overtime pay in accordance with overtime laws
  • Giving a worker a title such as “Manager,” “Supervisor,” or “Foreman” and claiming that he or she is not protected by FLSA overtime requirements
  • Requiring workers to perform work “off the clock”
  • Refusing to pay overtime wages to workers who are paid partially or entirely through commissions, or not including commission wages in the “regular rate”
  • Paying “comp time” or compensatory time off instead of overtime wages
  • Failing to pay overtime wages for time spent traveling between job sites
  • Misclassifying workers as “Independent Contractors” in violation of wage and hour laws
  • Failing to include commissions or bonuses in the overtime pay rate calculation

The FLSA does exempt some categories of employees and businesses from the law’s overtime pay requirements. The attorneys at OSMAN & SMAY LLP can help you determine your rights in light of the specific facts at your current or former job within the past three (3) years. If you believe you were not paid overtime wages according to overtime laws for all hours you worked, or if you have other questions about your type of employment and overtime requirements, CONTACT US today.