Overtime Attorneys in Arkansas

To be covered by the FLSA, an employee's work must relate to interstate commerce. Interstate commerce relates to trade between states or countries or parts thereof. Even if an employee works only part of his or her time on interstate activities, all of his or her work time is considered covered by the FLSA if even a small part of his or her work duties affect interstate commerce. 

It's important to understand that even if you’re covered under the FLSA, there are several exemptions from its overtime pay requirements. These are typically referred to as "white collar" exemptions because they were designed for executive, administrative, and professional employees, outside sales employees, and certain computer employees. Some of these exemptions are governed by salary level tests and some are governed by duties tests. 

Exemption According to Salary Level Test: 

To qualify for an exemption under the salary level test, an employee must be paid a predetermined and fixed salary that is not subject to reduction because of variations in the quality or quantity of work performed. The amount of salary required for exemption can vary depending on which exemption applies

As of October 3, 2022, the minimum salary required for an exempt employee is $875 per week or $45,000 per year.  

Exemption According to Duties Test

Examples of types of jobs that are exempt from overtime under Arkansas Law and The Fair Labor Standards Act include the following:

Executive Employee

You are in an executive position if you are supervising two or more other full-time employees and your position is salaried.

Administrative Employee

You are exempt if your job consists of non-manual work related to business operations, management policies, or administrative training. 

Professional 

If your duties require advanced knowledge and extensive education, you may be exempt under the professional employee exemption. This includes teachers, lawyers, artists, and skilled computer professionals, to name a few. You must be in a salaried position and expected to make decisions and use your discretion and judgment.

Overtime Under The Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act (FLSA) is a federal law that lays out the rules regarding minimum wage, and overtime pay, among other things. It applies to some full-time and part-time workers.

Minimum Wage

The FLSA requires covered employers to pay employees at least the federal minimum wage for all hours worked. The current federal minimum wage is $7.25 per hour. Some states, such as Arkansas, have established a higher minimum wage requirement that covered employers must obey. 

Overtime Pay

The FLSA requires employers to pay non-exempt employees who work in excess of 40 hours in a workweek at least 1½ times their regular hourly rate of pay. This overtime premium pay is calculated based on an employee's Regular Rate of Pay (RRP). An employee's RRP is calculated by adding together all earnings, allowances, commissions, bonuses, etc., and dividing the total by the number of hours worked during the same payroll period. An employer may not average an employee's hours over 2 or more weeks to avoid paying overtime. This is just one aspect of overtime. If you work more than 8 hours in one day or more than 12 hours in one day, you may also be eligible for overtime.

The first step is to consult with an experienced overtime lawyer to discuss your case. You will need to provide the lawyer with information about your job duties and how much you were paid. The lawyer will also need to know how many hours you worked each week. Once the lawyer has this information, they will be able to determine whether you may have a claim under the FLSA. 

If the lawyer determines that you do have a claim, they will likely file a complaint against your employer on your behalf with the U.S. Department of Labor's Wage and Hour Division. The complaint will allege that your employer violated the FLSA by failing to pay you overtime compensation. 

After the complaint is filed, the Department of Labor will investigate your claim and attempt to resolve it through informal means such as conciliation or mediation. 

An experienced overtime lawyer can help increase your chances of success at every stage of the process, from investigating your claim to negotiating a settlement or litigating in court.

If you believe that your employer has failed to pay you the wages you are owed, you may be entitled to back pay, interest on backpay, and liquidated damages. Liquidated damages are equal to the amount of back pay owed plus interest. You may also be entitled to attorneys' fees and costs if you prevail in a lawsuit against your employer. 

A lawyer can help you get the compensation you are entitled to.

If you believe that your employer has not paid you the proper overtime wages, it is important to consult with an experienced overtime lawyer. The following are some tips on how to find the best lawyer for your case.

Seek Referrals From Trusted Sources

The best way to find a reputable overtime lawyer is to seek referrals from trusted sources. These can include friends, family members, or other professionals who have used an overtime lawyer in the past. Once you have a few referrals, you can then research each lawyer to learn more about their experience and practice area.

Check Credentials and Reviews

When you have narrowed down your choices, it is important to check each lawyer’s credentials and reviews. Make sure that the lawyer you are considering is licensed to practice in your state and has experience handling cases like yours. You can also read online reviews from past clients to get a sense of whether or not they were satisfied with the services they received. 

Look for Experience

When you are looking for an overtime lawyer, experience matters. You want to make sure the lawyer you hire has experience handling cases like yours. Ask them how many overtime cases they have handled and what the outcome was in each case.

Request a Consultation                                                    

After you have checked the credentials and reviews, it is time to request a consultation with the lawyers you are considering. Most overtime lawyers offer free consultations so that potential clients can learn more about their cases and what to expect. During your consultation, be sure to ask questions about the lawyer’s experience, success rate, and fees.

Choose a Lawyer You Feel Comfortable With                  

Finally, it is important to choose a lawyer you feel comfortable with. This is someone who you will be working closely with throughout the course of your case, so it is important that you feel like you can trust them and that they have your best interests at heart. 

The Fair Labor Standards Act (FLSA) requires that covered, non-exempt employees are paid overtime pay at a rate not less than one and one-half times their regular rate of pay for all hours worked over 40 in a workweek. However, there are some exceptions to this rule. Under the FLSA and Arkansas law, employers may provide compensatory time (comp time) off instead of cash wages for overtime hours worked by certain employees. 

Comp time must be earned at the rate of one and one-half hours for each hour of overtime work. For example, an employee who works 43 hours in a workweek would be entitled to 4.5 hours (3 x 1.5 = 4.5) of comp time off rather than cash wages for the three hours of overtime worked. 

If you believe that you have been improperly compensated for overtime hours worked, please contact us. We will review your case and, if appropriate, take legal action to recover the wages you are owed. You may be entitled to receive compensation for back pay, interest, and attorneys' fees. Please note that there are strict deadlines for filing an overtime claim, so it is important to act quickly. 

Morgan & Morgan’s overtime attorneys in Arkansas look forward to speaking with you and fighting for the compensation you deserve. Contact us today for a free, no-obligation case evaluation to get started.