The Fair Labor Standards Act (FLSA) is a federal law requiring employers to pay employees 1.5 times their regular hourly wage for every hour in excess of 40 worked in a work week. Employees who are not paid an hourly wage are in most cases still entitled to overtime. Their overtime compensation must be calculated by converting their salary to an hourly rate.
Types of Overtime Violations
Here are a few ways employers try to deny workers earned overtime wages:
- Paying the same hourly wage for hours in excess of 40 (sometimes in cash)
- Failing to keep accurate time records for employees
- Deducting time for “breaks” even if you had to work through your break
- Requiring employees to work off the clock
Your Employer May Be Wrong about Your Eligibility
Employers sometimes tell workers that they cannot get overtime pay because they are considered a contract worker, or because they’re salaried or earn commissions. If your employer tells you this, speak with a Boca Raton overtime attorney. You may be entitled to back overtime wages as well as attorney fees and court costs. A Boca Raton employment attorney knows the FLSA inside and out and can help you determine your actual status.
Retaliation is Illegal
If you make a claim for unpaid overtime, your employer is not allowed to retaliate against you by firing you, cutting your hours, demoting you, or punishing you or any relatives you have at the same workplace. Speaking with a Boca Raton employment attorney as soon as you suspect you’re being denied overtime is your best course of action. And remember: if your employer is denying you overtime wages, other workers are probably being denied overtime too.
Not Paying Earned Overtime is Theft
If you have earned overtime and your employer refuses to pay it, then your employer is stealing from you and from family members who depend on you. You would be fired immediately for stealing from work, so there is no reason to allow your employer to get away with withholding what is rightfully yours.