The FSLA and most states have laws that require employers to pay their employees at least one and one-half times the regular rate of pay for all hours worked over 40 in a given week. Even in states that have no such laws, employers are still bound by the overtime provisions of the Fair Labor Standards Act. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days unless the employee will be exceeding 40 hours for the week.
Overtime pay for those employees or professions that are not exempt is one and one-half (1 ½) times the hourly wage for all hours worked in excess of 40, during the course of a single work week. Exemptions include:
- Executive employes
- Administrative employees
- Professional employees
- Outside sales employees
To qualify for an exemption, employees must generally meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the regulations. Consequently, whether overtime is appropriate may, in many instances, only be determined on a case-by-case basis.
Depending upon your particular circumstances, the statute of limitations varies greatly. For example, in the State of California an employee has two years to file a complaint if the lawsuit is based on an oral contract dispute, four years to file a claim regarding a written contract dispute, and three years to file an overtime dispute claim. It is important to contact an attorney right away to ensure that you complaint is filed properly and in a timely manner.
Do I have an Overtime Wage Dispute Lawsuit?
The Workplace & Environmental Litigation Group at our law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in overtime pay wage dispute lawsuits. We are handling individual litigation nationwide and currently accepting new cases in all 50 states.
Free Overtime Wage Dispute Case Evaluation: If you have not been paid sufficiently for overtime work and are interested in pursuing a case, you should contact our law firm immediately. You may be entitled to compensation by filing a lawsuit and we can help.