Overtime Lawyer Blog

A recent overtime lawsuit from New York emphasized the fact that citizenship status does not affect whether workers are protected by the Fair Labor Standards Act (FLSA) and entitled to overtime pay. The case looked at whether it’s okay to pay workers a set rate per day, rather than an hourly rate. The answer depends in part on if the workers are required to work more than 8 hours in a day, if they receive overtime compensation and if their pay meets minimum wage requirements. Whether the worker is an illegal alien does not affect his or her right to fair pay.

If you have questions regarding your paycheck and if your employer is paying you all the wages you are entitled to, it’s a good idea to meet with an experienced Atlanta wage and hour attorney. A knowledgeable wage and hour lawyer can review your pay stubs talk about your work situation, and help you determine your next steps.

The New York case involved a nail salon that paid its workers a set rate of pay for each day worked, regardless of how many hours worked. The employees often ended up working more than 40 hours per week without receiving overtime pay. Under the federal labor law (the Fair Labor Standards Act [FLSA]), non-exempt employees must be paid overtime compensation at a rate of 1 and ½ times their regular rate of pay for hours worked over 40 hours in any workweek. The nail salon also failed to keep records of employees’ pay and hours as required by law.

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Since the height of the recession in 2008, millions of workers have been laid off, forced to work longer hours and many have received less pay. Now workers are striking back in court. According to a recent overtime lawsuit article, there has been a dramatic increase is workers suing employers pursuant to both federal and state labor laws as the result of overtime violations.

The main concern – workers putting in more than 40 hours a week without receiving overtime pay. The Fair Labor Standards Act (FLSA) requires that employers pay non-exempt employees overtime wages at a rate of one and one-half their regular rate of pay for any time worked in excess of 40 hours in any workweek. State labor laws contain similar overtime provisions.

If you have questions concerning whether you are entitled to overtime pay or believe that your employer has failed to pay you the compensation you deserve, consulting with an experienced Georgia overtime pay attorney is an important to determine your next steps.

The main complaints workers face come from putting in extra time as the result of a variety of practices, including:

• Working “off the clock”
• Being misclassified as “exempt” and not receiving pay for overtime work
• Work time encroaching on personal time with the increased use of smartphones and other technology

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A movement is underway in Congress to raise the federal minimum wage from $7.25 to as much as $10. Under current federal employment law – the Fair Labor Standards Act [FLSA] – employers are required to pay workers at least $7.25 an hour. Several states including New York, New Jersey, Connecticut, Illinois and elsewhere are pushing to raise the minimum wage above the federal level in their own states, arguing that $7.25 an hour is too meager for anyone to live on. Despite some opposition, this proposal is gaining momentum in Congress.

If you believe your employer has failed to pay you the wages you are entitled to, you may be able to file a wage and hour case against them for back wages. If you have any questions about minimum wage or your pay, it is important to contact an experienced Atlanta wage and hour lawyer to discuss your situation and determine your next steps.

Congress last passed a bill to increase minimum wages in 2006, phasing in higher rates over several years. Although some states raise the minimum wage automatically every year as the cost of living increases, federal law does not provide for an automatic increase.

In addition to helping families who get by on minimum wage, benefits of increasing the minimum wage include stimulating local economies by giving individuals more money to spend on necessities like food and clothing, which may in turn spawn new jobs.

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News reports that hundreds of workers who helped with the BP Gulf oil spill clean up will receive money in back wages. According to statements, an investigation by the U.S. Department of Labor’s Wage and Hour Division revealed violations of federal labor law – the FLSA – including overtime and record-keeping infractions.

The FLSA is one of the oldest federal employment laws and sets forth certain minimum wage and overtime standards. Based on the FLSA, all employees who are not exempt must be paid at a rate of one and one-half your regular rate of pay for all hours worked in excess of 40 hours in any workweek. The failure to pay overtime is one of the leading types of FLSA violations and may lead to an FLSA lawsuit.

If you have questions about the FLSA or believe you have not received all of the overtime pay you are entitled to, consulting with an experienced Georgia overtime pay lawyer is important to ensure you receive all the compensation you are entitled to.

Here, many temporary and permanent employees for the shipbuilding industry who were hired to assist with cleanup efforts after the BP Gulf oil spill were denied all the wages they were entitled to. Reports from the DOL found that employees were only paid for scheduled hours – not overtime work – and the employer failed to keep a record of or pay employees for time spent on work-related tasks before the beginning and after the end of their scheduled work shifts. Many recent lawsuits across the country have found violations of the FLSA where employees are not paid for all time spent at-work. Examples of unpaid hours included time spent traveling to work sites, attending meetings, obtaining assignments and having personal protective equipment.

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