About Overtime Pay
Working overtime and getting overtime pay is no technicality. Employees who work overtime go above and beyond by working more than the regular 40 hour workweek. They sacrifice their personal and family life for their employers. When an employer does not properly pay its workers for all of the overtime worked, the FairLaw Firm can help.
Many workers are entitled to receive overtime pay calculated at one and one-half times their regular rate of pay, but there exceptions that may disqualify an employer from having to pay overtime or an employee from receiving overtime.
Overtime Violations: Know Your Employment Rights
Some overtime violations are obvious - such as when an employee is paid at the regular hourly rate for working more than 40 hours in a workweek (7 consecutive days). Another obvious violation occurs when an employer does not pay overtime because it has misclassified its employees as independent contractors. Other overtime violations occur when an employee is paid a salary but works overtime without extra pay. Another way that employers violate the law is when they fail to pay for all hours worked by either automatically deducting a lunch or meal break when an employee does not take a break, when an employer clocks its employees out while they keep working, or when an employer improperly considers an employee exempt as a management staff.
Overtime violations can result in damages that range from minimal to very substantial. An employee's damages are based on the length of time worked for an employer in the last two to three years, the hours worked each week, and the rate of pay. Plus, an employee is entitled to recover all attorneys' fees and costs incurred upon winning the case. Unless an employer can prove that it had a good reason for not paying overtime wages, it also will be responsible for paying a penalty amount equal to the unpaid wages (double damages).
The FairLaw Firm is familiar with how employers cheat their employees out of the overtime pay they earned. My office provides a free initial consultation and handles most cases on contingency, so contact us now at (866) 281-9288 or at (305) 230-4884.
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I regularly work more than 50 hours a week. Am I entitled to overtime?
Yes. If you work more than 40 hours in a 7-day work week as a non-exempt employee, you are legally entitled to overtime in most situations.
Is it legal to work overtime and not be paid overtime wages?
No. Your employer is legally obligated to pay you overtime if you work more than 40 hours in a 7-day workweek as a non-exempt employee, with a few exceptions. If you believe your employer has not paid the overtime wages you earned, contact our legal team at the FairLaw firm to discuss your case and whether you have a claim.
I think I may be a misclassified worker. How can I get help?
At the FairLaw Firm, we provide representation and legal counsel for misclassified employees. Misclassification can happen when your employer pays you a salary, considers you to be exempt from overtime when you are not, or when you are considered an independent contractor when you should be paid as an employee. Visit our Misclassification page to learn more.
I am not getting my overtime from my boss/employer. What should I do?
You are not required to ask your boss about getting paid overtime; if you do, and you are retaliated against, you have rights. If you are afraid to ask your boss, then it is important to seek legal counsel about your pay. At the FairLaw Firm, our legal team can provide you with comprehensive counsel, evaluation of your claim, and representation. We can also help you win the overtime pay you earned.
How much can I claim in my overtime case?
If you’re owed overtime pay from your employer, the team at the FairLaw firm can help you recover the unpaid overtime wages, either interest on the unpaid amount or a penalty that the law requires the employer to pay, plus your attorneys’ fees and costs from your employer (or former employer).
At the FairLaw Firm, we are familiar with how employers cheat their employees out of the overtime pay they earned. Our office provides a free initial consultation and handles most cases on contingency, so contact us now at (305) 230-4884.