Worker & Employee Rights Lawyers

A federal law known as the Fair Labor Standards Act (FLSA) establishes overtime, minimum wage and other employment standards for most employees. Several states have also enacted laws to enhance the protections provided by this federal statute. These laws set strict requirements regarding who should and shouldn’t receive overtime pay, the rate at which overtime must be paid, the records employers must keep on file regarding their employees’ pay and hours worked, and what exactly counts as compensable “work time.”

Although these laws were established to prevent wage and hour abuse, some companies continue to break the law – either intentionally or unknowingly. If you were cheated out of overtime pay, the attorneys at Morgan & Morgan may be able to help you sue your employer. To learn more about your rights and to find out if you have a case, contact us today. Our lawyers have years of experience handling wage and hour lawsuits and may be able to help you recover your unpaid overtime wages.

Common Overtime Scams

“I’m refusing you overtime pay because you didn’t ask for permission first.” An employer cannot refuse to pay overtime simply because the worker didn’t get permission. If the employer knew or had reason to know that an employee was working overtime, they must pay him or her for it.

“You aren’t owed overtime because you’re a part-time employee.” Employers can’t deny overtime to part-time workers who work more than 40 hours in a week simply because they aren’t considered by the company to be regular, full-time workers. Job duties and how workers are paid determine whether someone is entitled to overtime pay – not whether they are a full-time or part-time worker.

“You’re exempt – so I don’t owe you overtime.” Some employees are “exempt” from the FLSA, meaning that they’re not required to be paid overtime when they work more than 40 hours in a week. To save money, some employers may classify workers as “exempt” even when they should be receiving overtime pay. For instance, a company may promote a cashier to assistant manager without changing his or her job duties; however, job duties – not titles – determine whether the worker is eligible for overtime pay. Just because an employer says an employee is exempt from overtime pay doesn’t mean that he or she is. Workers must meet the specific criteria of an “exempt” employee to be legally denied overtime pay.

“Your ‘per diem’ payments don’t count toward your wages.” Employees who regularly travel for work may be paid additional “per diem” payments as a daily allowance or reimbursement for certain expenses, such as meals and lodging. If employees are paid set “per diem” payments, even when they don’t incur those expenses, they must be included when calculating their regular pay and overtime rates. If “per diem” payments are not taken into account when calculating these rates, the worker may be getting cheated out of proper overtime pay.

“I’ll just give you comp time instead.” Rather than paying employees overtime, some employers may offer “comp” time for any overtime hours worked, which employees can use for vacation or sick days. Only government entities can legally provide “comp” time instead of overtime pay.

If your employer won’t pay you overtime, you may be able to file a lawsuit. To see if you have a case, contact Morgan & Morgan today.