Unpaid Overtime

In the course of employment, a number of workers each year discover they have not received payment for past overtime. The delayed realization of unpaid overtime rights typically is the result of employers not mentioning to workers their rights to receive this, and due to workers being unaware of the overtime pay laws per the FLSA and their state's laws. According to the FLSA, all non-exempt, otherwise known as covered, employees working over forty hours in a seven-day period must receive one and half times their regular wage for each hour worked over the forty. Additionally, employers cannot structure the seven-day period ad hoc to suit their desires to avoid overtime payments. If you believe you are owed unpaid overtime pay, consulting the Fair Labor Standards Act and checking if your state's overtime laws offer further protection apply to your case. If you are still convinced, consulting with an employment law attorney could prove beneficial. It is not unheard of for employers to intentionally mislead employees into believing they are "salaried" employees and therefore not covered by overtime laws, which is not true. Any employee not in charge of another employee is most likely a covered employee per FLSA overtime laws.

Fast Facts

  • Exempt employees from overtime laws include administrators, executives, and some professionals, and some other specifically mentioned occupations per the FLSA

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