Regardless of whether you are an employee or an employer, you need to know the requirements of the Fair Labor Standards Act ("FLSA") as well as applicable state laws governing the payment of wages. It is unfortunate that some employers seek to avoid paying employees time-and-a-half for overtime hours and also may reclassify workers as "exempt" i.e., salaried to attempt to avoid incurring liability for payment of overtime. However, the law is very clear in this area. Because there is potential personal liability for violation of FLSA, employers need to be aware of what is required. It is common for employers, in order to avoid their employees' overtime being documented "on the clock," to force the employee to complete job tasks before clocking in or after clocking out. However, this is a clear violation of overtime law.
Other common overtime avoidance methods used by unscrupulous employers include: failing to pay workers for breaks lasting 5-20 minutes, meetings and training session, take home work, and on call time; refusing to pay overtime because the employee did not obtain permission to work overtime; classifying employees as "professional" in order to deem the employee salaried and therefore exempt from entitlement to overtime; and averaging work hours for an employee over two work weeks.
If you are an employer with questions about your responsibilities under FLSA, please contact Ms. Lerman via email at firstname.lastname@example.org or via phone at 954-663-5818 for more information
If you are an employee and suspect your employer is wrongfully denying you overtime pay, please contact Ms. Lerman via email at email@example.com or via phone at 954-663-5818. Our law firm may be able to recover damages up to twice the amount of unpaid overtime owed to you. However, you only have a certain amount of time to file your claim. Failing to file within this time period may prevent you from ever collecting unpaid overtime so please contact our law firm today for more information.