Overtime

Alabama, Georgia, Tennessee, Florida

Denied Overtime Pay?
Changes in overtime laws and regulations, may cause employers to deny their employees overtime pay. Some employers are misclassifying their non-exempt employees as exempt. Other times, employers are looking for ways to avoid paying their workers the overtime pay they deserve. For example, an employer might promote someone into a salaried position and give them a title like assistant manager; then claim he or she is exempt.

Exempt Employees
An exempt worker is someone who is not eligible for overtime pay because they do not meet the requirements by law. They might be a contract or outside sales employee. Salaried workers are also generally exempt from overtime pay. But, as of August of 2004, salaried employees who earn less than $455 a week or $23,660 annually are automatically entitled to receive overtime pay.

Non-exempt employees who work more than 40 hours a week must be paid one-and-a-half times their hourly pay rate for each hour worked over 40. This overtime payment must be in cash, not time off or other forms of compensation.

Workers' rights to be adequately compensated are protected under the Fair Labor Standards Act (FLSA). Complex and often misinterpreted, this law is commonly violated-both unintentionally and intentionally.

Agreements Don't Nullify the Law
Overtime pay may absolutely not be waived by an agreement between the employer and employee. If your employer tells you that only eight hours a day or 40 hours each week will be counted as working time, they are violating the FLSA. Workers cannot legally agree, or be forced to waive overtime pay or to work off the clock, according to the U.S. Labor Department.

Despite your employer's announcement that no overtime work is allowed, or that the overtime will not be compensated unless authorized in advance, you still have the legal right to be paid for the overtime you worked. Both workers and the U.S. Labor Department can sue the employer in federal court.

If you or a loved one has been denied overtime pay, please contact the fair labor practice lawyers at Burke, Harvey & Frankowski today. Serving Alabama, Georgia, Tennessee and Florida, our attorneys can help you reclaim your rightful pay and any additional damages you may be entitled to. Call or e-mail us today for a free evaluation.

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