Employers’ Failure to Pay Overtime

The Fair Labor Standards Act outlines the rights that employees have regarding overtime, but many employers completely ignore the standards set forth in this law. The law generally states that any non-exempt employer who employs any of his employees for a workweek longer than 40 hours shall only do so if the employee receives compensation for each hour over 40 at a rate of at least 1 1/2 times the regular rate at which he is employed (i.e. $15/hour for overtime instead of regular rate of $10/hour).

While the question of “exempt” employers can sometimes be tricky, if you are a full-time employee, paid hourly (not salaried), and are not part of any type of union, then there is a good chance that your employer does not qualify for the exemption, and therefore, you are entitled to one and one-half times your normal hour rate.

However, your employer probably does not expect you to know about the laws regarding overtime pay. Sometimes employers do not care whether you know about the law or not, because they do not believe that you will “rock the boat” by complaining about overtime pay for fear of termination. Such a fear, however, should be quickly brushed aside because the law also prohibits an employer to discharge, fire, or otherwise discriminate against an employee because of a complaint about overtime pay.

When you work long hours, away from your family and friends, in order to provide for yourself and your family, then you need to be treated and paid fairly. The minimum standards for such fair treatment are outlined for employers in the Fair Labor Standards Act, and so if you think that your employer has not been treating you fairly or paying you adequately, then you need to contact attorneys who know the law and will fight for your rights. Contact us at www.pbmattorneys.com.