Federal wage, hour, and overtime laws are regulated by the Fair Labor Standards Act (FLSA). In addition, most states have similar wage and hour laws governing overtime. Non-exempt employees should be paid at least 1 1/2 times their hour salary for overtime hours worked. Overtime hours can include working more than 40 hours in one week or more than 8 hours in one day. Unfortunately, in some instances, company greed or ignorance prevent you from receiving your entitled overtime pay. The following are guidelines to help you determine if you are not being fully compensated for your overtime work:
- You are requested or demanded to work “off the clock”
- Paying “straight time” wages for overtime hours worked – being paid the same hourly rate even for hours over Forty (40), often in cash.
- Your time sheet is altered to reflect no overtime, even though you worked overtime
- Not keeping accurate (or any!) time records of your daily start times, stop times, and actual total hours worked each week.
- You are automatically clocked out for breaks and lunch, whether you take them or not
- Deducting time each day for “meal breaks” even if you worked through your “so-called break.”
- You are denied overtime because it was not approved in advance by your manager or supervisor
- Paying only a salary – just because you are paid a salary doesn’t mean you too aren’t entitled to overtime compensation.
- You are paid your hourly wage for overtime
- Working in the title of a “Manager,” “Supervisor,” or “Foreman” but performing the same, or similar, job duties as other non-exempt workers on the job.
- You are told to put your hours down on the following week or granted comp time for your overtime hours
- Requiring employees to perform work “off the clock” at the beginning or end of your work day.
- You are not paid for getting ready for work or for cleaning up your work space after work, even though both may be a requirement
- Paying commission wages – even most employees who are paid partially, or entirely, through commissions are often entitled to overtime pay for hours worked over Forty (40) in a week.
- You are paid less than a minimum wage
- Not being paid overtime wages which result from time an employee spends traveling from one job site to another during the course of his/her work day.
- You are denied breaks or meal time even though you are entitled to them
- Being misclassified as an “Independent Contractor” despite performing the job duties that an employee does.
Unless you fall into an exempted class, federal law requires that employers pay you overtime at one and one-half times the regular rate for any time worked over 40 hours in a week. Employers cannot force you to exchange overtime pay for personal days and other benefits. Employers are not allowed to have meetings “off-the-clock”. You’re entitled to receive overtime pay for any extra hours you work. If your employer has not paid you overtime to which you’re legally entitled, we can help you enforce your rights.
Under federal law, an employer that knowingly and willingly refuses to pay you overtime wages may have to pay you an additional penalty over and above your unpaid overtime. You may double your unpaid overtime, plus attorneys’ fees. Under California law, an employer who willfully withholds overtime pay can be liable to pay you a penalty of 2% of the amount of monthly overtime pay arrears.
Certain types of white-collar workers are exempt from minimum wage and overtime laws. However, employers sometimes designate an employee as exempt even though that employee’s actual job duties require paying the employee for overtime. The laws concerning overtime pay are complicated.
If you feel you have been unfairly paid, contact an experienced wages, hours & overtime attorney in Sacramento at the Law Office of Bowman and Associates, APC to schedule your Free Initial Consultation today.