Overtime attorneys focus on fighting for the rights of employees who have not been paid for working more than a 40-hour workweek or have been misclassified as exempt from overtime wages. The Fair Labor Standards Act (FLSA) provides for the rights of employees, specifically for wages and hours worked.
If you have worked overtime and not received your due compensation, consider contacting us.
Who Is Eligible For Unpaid Overtime?
FLSA creates the rules and regulations for overtime wages for hourly paid employees. Although some employees are exempt from FLSA, many are not. Basically, an FLSA covered employer must pay non-exempt employees overtime for all hours worked over the 40-hour workweek.
Eligibility for overtime requires a couple of different items. To be eligible for overtime pay, an employee must be paid less than $47,476 per year and have job tasks that do not fall under work performed by an executive, professional, administrative, or other sales workers.
You are not eligible for overtime wages if you are an executive, professional, administrative, or other sales worker. However, be sure to know whether your day-to-day tasks matches your title. Some business try to not pay overtime by mislabeling FLSA non-exempt employees as one of the exempt job titles.
Five Reasons To Hire Overtimes Attorneys
An overtime lawyer can be the difference between losing a lawsuit and winning your damages. Not only does an attorney have a deep understanding of the complex law, but he or she will advocate your case in the court with the law.
1. Comprehensive law knowledge and history of past cases.
An overtime attorney specializes in cases involving FLSA and unpaid wages. He or she will know the standing laws on the subject alongside the most recent court cases. Therefore, your lawyer will be able to better support your case in court.
2. Move your case forward.
Lawyers have the ability to command the attention of your employer on your behalf because a lawyer knows the law. Employers also recognize the seriousness of the situation when an attorney is on the job.
3. A lawyer can save your job.
Perhaps you want to receive your overtime wages, but you don’t want to lose your job. With a lawyer on your side, he or she may be able to work out a deal with your employer, including your wages and securing your job.
4. Stay on deadline.
Most cases involving unpaid overtime wages fall under a certain time limit. If the complaint is not made before that time is up, you cannot sue. Therefore, a lawyer will move your case forward and keep on deadline.
5. Negotiate a deal.
A labor lawyer knows how to settle a case outside of court, and he or she will be able to bargain for a deal that is appropriate for your unpaid overtime work. In this case, you may receive a better settlement because of your lawyer’s negotiation.
What Are Other Overtime Violations?
The Fair Labor Standards Act lists certain rules for calculating wages for overtime work. This law’s complexity offers a couple of areas that employers can knowingly or unknowingly take advantage of their employees.
For example, when an employer demands that an employee arrive to work 10 minutes before their shift, that employee is entitled to overtime if this extra time adds up to over the 40-hour workweek. The employer’s demand of early arrival is considered time required by the employer. Therefore, the employee deserves overtime wages and should consider suing the employer for overtime pay.
Three Common Overtime Violations
- Misclassifying an employee exempt
- Miscalculating hourly wages
- Miscalculating hours worked
Although some of these violations may occur innocently, they are, in fact, still illegal. If any one of these situations might be you, please contact a labor attorney immediately.
If you are an FLSA non-exempt employee but you have not received pay for overtime work, contact a lawyer who will know how to navigate your case and your rights under the law.
Kraemer, Manes & Associates LLC “KM&A” is a law firm serving all of Pennsylvania with our principal offices in Pittsburgh and Philadelphia. Call KM&A in western Pennsylvania at 412-626-5626 or in eastern Pennsylvania at 215-618-9185. KM&A can be reached by email at firstname.lastname@example.org.