The Fair Labor Standards Act (FLSA) & Your Rights
The Fair Labor Standards Act (FLSA), enacted in 1938, sets national standards for minimum wage, recordkeeping, overtime pay, and child labor. One of its most notable aspects is the protection of employees who work over 40 hours a week.
The FLSA mandates that qualified US employees receive overtime pay for every hour worked over 40 in a workweek. Additionally, the overtime rate must be 1.5 times the regular rate of pay which includes non-discretionary bonuses, production bonuses, shift differentials, and commissions.
For example, say you regularly earn $20 per hour. Every hour you work over 40 in a workweek must be 1.5 times that wage. In this situation, you’re legally entitled to $30 an hour for overtime.
It’s also important to note that state laws may offer additional protections. Some states may impose stricter laws entitling workers to higher compensation or requiring overtime pay for working over a certain number of hours per day.
As a result, it’s crucial to speak with an unpaid overtime lawyer at Bohrer Brady, LLC. We know the federal and state employment laws, and can help you determine whether you’re eligible for unpaid overtime compensation.
Exempt vs. Non-Exempt: Do You Qualify?
Your “exempt” or “non-exempt” overtime status matters when determining overtime pay. Under the FLSA, non-exempt employees must receive overtime.
On the other hand, though, exempt employees are not eligible for overtime – which is an angle many employers take to avoid paying overtime wages. All too often, they misclassify non-exempt employees as exempt.
- Non-Exempt Employees: Most employees are non-exempt. They’re typically hourly workers, but certain salaried employees, day rate or piece rate workers may also be eligible for overtime if they earn less than a specified wage threshold or don’t meet the job duties of an exempt worker. Non-exempt employees are legally entitled to overtime pay. Even workers classified as independent contractors are often entitled to overtime.
- Exempt Employees: Exempt employees typically hold managerial, executive, administrative, or professional jobs. They’re frequently salaried and earn above the federal threshold ($844 per week as of July 1, 2024). If you fall under the exempt status, you aren’t entitled to overtime pay, but the classification must meet particular criteria. If your duties or salary don’t match what the FLSA requires, your employer may have incorrectly classified you, and you could be entitled to back pay.
Misclassification is one of the most common causes of unpaid overtime claims. Just because you are paid a salary, day rate or piece rate, or are classified as an independent contractor, doesn’t automatically mean you’re exempt. Your responsibilities and salary level determine your status – not your job title.
Everyday Situations of Unpaid Overtime
Eligibility for unpaid overtime isn’t always clear. Many violations are specific to the employee’s job duties. Employers often avoid paying overtime through practices such as the following:
- Requiring Off-the-Clock Work: Your boss may ask or expect you to work on tasks, make phone calls, responding to emails, or attending meetings outside of your regular (and paid) hours.
- Failing to Pay for Training or Prep Time: If you attend training sessions, prepare for your work day, or complete tasks before or after your scheduled hours, you may be entitled to compensation for your time.
- Not Counting Short Breaks as Work Time: Generally speaking, any break lasting less than 20 minutes should count as paid work time. If your employer requires you to remain “on duty” or even cuts your pay during breaks, they’re likely violating the FLSA. Likewise, meal periods must be at least 30 minutes and you must be relieved from all duties for your employer to deduct a lunch break.
- Misclassifying Employees: As previously mentioned, employers frequently misclassify workers as exempt or independent contractors to avoid paying the overtime rate. Misclassification most often occurs in industries where the lines between exempt and non-exempt are blurry, like retail, IT, and healthcare.
- “Comp Time” Instead of Overtime: An employer may offer compensatory time instead of overtime. However, unless you work for the government, the practice is illegal – private employers must pay overtime.
The above list isn’t exhaustive. However, if any of the situations sound familiar, you may be entitled to compensation, and our unpaid overtime lawyers can help.
Why Employers Don’t Pay Overtime
Why do employers risk violating a federal law by not paying overtime? For many, cutting the cost saves money in the short term, and they assume their employees won’t protect themselves.
Below are common reasons why employers don’t pay overtime.
- Willful Ignorance: Some may simply be unaware of the law or think their actions are legal.
- Misclassification: Employers may misclassify workers as exempt or independent contractors, whether by accident or intentionally.
- Cutting Corners to Save Money: Businesses can significantly reduce overhead expenses by not paying overtime. Unfortunately, these illegal cost cuts are at the expense of hard-working employees like you.
- Assuming You Won’t Notice or Take Action: Some employers think that their employees won’t notice they’re missing pay or that they don’t have the resources to fight back.
Whatever their reasoning, your rights as an employee matter. You deserve payment for your dedicated work, and if your employer fails to compensate you, an attorney can help.
The Role of an Unpaid Overtime Lawyer
Taking action is critical if you believe your employer failed to compensate you adequately for your overtime hours. That’s where the unpaid overtime lawyers of Bohrer Brady, LLC, can assist you. We can help you by:
- Evaluating Your Case: First, we review your job duties, work schedule, pay stubs, employment contract, and other evidence to determine whether you may be entitled to unpaid overtime wages.
- Uncovering Employer Violations: Next, we’ll investigate your employer’s actions and, using our deep knowledge of the FLSA and state labor laws, identify any illegal practices.
- Fighting for Your Wages: Our unpaid overtime lawyers will fight to recover back pay and other relevant damages, whether through negotiation or legal action.
- Recovering Liquidated, Penalties, Attorney Fees and Expenses: In most situations, employers are assessed liquidated damages (usually double the amount of unpaid wages) and penalties for their wrongful conduct. Additionally, an employer “shall” pay the employee’s attorney fees and expenses associated with bringing a claim.
- Providing Legal Protection: Lastly, we’ll protect your rights, especially if you’re concerned about retaliation. The FLSA includes provisions that prohibit employers from firing or punishing employees for asserting their rights.
Take Action Now
We know it’s easy to let unpaid overtime wages go unnoticed, especially when you’re juggling extended hours and additional responsibilities. But the law is on your side.
If you suspect your employer has taken advantage of you by avoiding overtime pay, don’t wait. Our unpaid overtime lawyers can ensure you reap every penny you’ve earned.
Contact us for a free consultation. Let’s discuss your rights and how we can help you recover the wages you deserve. You’ve worked hard enough – now it’s time to get paid fairly for it.
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