Unpaid Overtime Claims Under the Federal Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal law that protects workers in every state who are required to work long hours. Under the FLSA, certain workers receive time and a half for all hours worked over 40 in a workweek. There are very few exemptions to this rule, even if the worker is paid a salary, a day rate, or on a piece-rate basis. All time spent on the job must be compensated, including time spent in safety meetings, putting on or taking off uniforms, putting away tools, turning on or off equipment, and other work-related activities.

Many employers unsuccessfully test the limits of the FLSA by misclassifying workers as exempt, misclassifying workers as independent contractors when they are really employees, requiring off-the-clock work, and paying cash for work. These practices do not excuse an employer from paying overtime under the federal FLSA. In fact, these practices will likely result in an employer having to pay unpaid wages, liquidated damages, attorneys’ fees, and litigation costs.

If you feel your employer has denied you overtime wages, a Bohrer Brady unpaid overtime attorney can help, regardless of the state where you reside. The FLSA applies to all states and employers must adhere to its protections including payment of overtime wages. Contact us to schedule a free, confidential consultation with an experienced labor & employment attorney.