Overtime Wage Violations & Miscalculated Overtime Pay/
Overtime Pay Is the Law of the Land
Many employees are guaranteed this when they exceed 40 hours a week.
Under the Fair Labor Standards Act (“FLSA”), employers must pay employees for work exceeding 40 hours in any workweek. This overtime pay is at least one and a half times the employee’s regular pay rate for each hour exceeding 40 hours. There are some exemptions, so not all workers are covered by FLSA’s overtime provisions. However, for non-exempt workers, these laws apply, and employers have a responsibility to pay their workers what they’re owed, otherwise there may be an overtime wage violation. Any retaliation against employees who raise the issue of overtime claims is unlawful.
What You Need to Know…
The workweek stands alone. Each workweek must be a fixed and regularly recurring period of seven consecutive 24-hour periods. Thus, an employer may not select any 7 days, nor combine 14 days to lump the time together.
Late overtime payments mean employer penalties. If employers can’t calculate overtime wages until a later time, as is sometimes the case with commissions, employers must make good on the overtime pay as soon as possible or face a penalty, often resulting greater pay for the employee.
Employees Know When They’ve Been Shorted
Feldman Williams Can Help
If you believe that you are owed overtime pay, reach out to an overtime pay lawyer at Feldman Williams, PLLC to learn about your options. For over 20 years, we have been helping workers get the payment they deserve. Contact us today for a free assessment.
How Your Estimate Works
There is off the clock work or you were treated as salaried and exempt and
Your employer did not track or record your work hours, then
Your good faith estimate is sufficient. It will establish the hours of overtime pay to be awarded by a court or a jury.
How Calculation of Overtime Rates Works
Depending on the payment structure of your regular wages or salary, the calculation of your overtime rate of pay may differ. Here are some common employee pay examples:
If you are paid a day rate or a day rate plus salary, your regular rate of pay is typically obtained by dividing your weekly earnings by the number of hours you worked in a workweek. If you do not meet any of the exemptions from receiving overtime pay, you may be entitled to an additional one-half times your regular rate of pay for each hour you work over 40 per workweek, plus your day rate and/or salary.
If you are paid by the hour, your employer must pay you at least one and one-half times your regular hourly rate for each hour worked over forty hours per workweek, and include the value of all commissions and other compensation or bonus money earned during that pay period.
If you are paid on a piecework basis, your regular rate of pay is obtained by dividing your total weekly earnings by the total number of hours you work in a particular workweek. You are typically entitled to an additional one-half times your regular rate of pay for each hour you work over forty hours per workweek, plus full piecework earnings.
If you are paid a salary for a regular or specified number of hours per workweek, your regular rate of pay is obtained by dividing your salary by the number of hours your salary is intended to compensate. If you do not meet any of the FLSA exemptions, then the employee will be paid typically by calculating a regular rate of pay.
This is done by dividing the number of hours the salary was intended to cover into the salary payment for the week, and then either paying one and one half times this regular rate for all overtime hours worked or ½ of the regular rate (half-time) depending on a number of factors. Talk to an attorney at Feldman Williams, PLLC to learn more. Thus, in cases which there is varying overtime hours, the overtime rates will vary as well for each pay period.
The FLSA’s overtime requirements are intended to be self-executing, and thus no contract or agreement to pay an employee less than the law requires is lawful. Therefore, any such agreements to cap or limit the overtime hours or the rates to be paid would be held to be invalid.
Employers should not misclassify employees as exempt and pay them a salary when they know or should know the position fails to meet any exemptions. If any employee makes a claim that he or she was “misclassified” as exempt and unlawfully denied overtime wages, it is the employer’s burden of proof at trial or in the legal proceeding to prove the application of an exemption. It is not the employee’s burden of proof. Thus, all the employee has to do is make the claim, and the employer must prove he or she is not legally entitled to the overtime wages or it must prove so in court.
Numerous employers utilize the Fluctuating Workweek (FWW) found in Title 29, Part 778.113 CFR, alternative overtime wage payment in lieu of the default time and one half, but often violate the requirements.
A $30 Million Settlement
For instance, PUBLIX supermarkets in 2015, paid $30,000,000.00 to non-exempt salaried employees under titles of department managers for improper half-time rate violations for failure to include bonuses and holiday pay in the calculations. Publix denied the allegations but settled for $30,000,000.00.
If you believe you are owed overtime pay, but did not receive it, seek the counsel of a skilled overtime wage violation lawyer. The employment law attorneys at Feldman Williams, PLLC provide free assessments. Contact us and find out if you have a case.