The key law that provides for payment of overtime wage is the Fair Labor Standards Act (FLSA). The FLSA sets the federal minimum wage and defines overtime, , determines who should receive overtime for work over 40 hours per week and dictates that overtime must be paid at time-and-a-half of “regular rate of pay.” FLSA also provides for Collective (“class”) Actions, where an employee or a group of employees can file a lawsuit on their own behalf and also on behalf of other similarly-situated employees.
Some employees, who are salaried, are considered exempt from the FLSA overtime rules due to the nature of their work duties. The question of who is exempt and who is not is often a central question in many wage and hour claims.
As the FLSA controls overtime so thoroughly, most states do not have their own overtime laws. This means that any claims related to overtime are usually filed for violations of the FLSA. While the FLSA can be a powerful tool for helping workers earn a fair wage for the work they do, there are some questions that need to be considered when someone is bringing a claim under the FLSA, such as:
Is the employee covered under the FLSA?
Is the employee performing “off-the-clock” unpaid work?
Is the employee exempt from FLSA overtime rules?
Has an employee been misclassified as exempt
At Preston & Brar LLC, we offer our clients a depth of understanding of the FLSA that is backed by more than 25 years of combined experience. Our attorneys have the skill and knowledge needed to help you effectively navigate the complexities of the FLSA and explain how it applies to your individual situation and the situations of similarly situated workers. Let us help you secure the overtime pay you are legally entitled to under the FLSA.