Are You Being Paid For All Of The Time You Worked And Receiving Overtime?

The Fair Standard Labor Act (FLSA) requires employers to pay non-exempt employees time and one-half compensation and makes it illegal for your employer to withhold overtime pay if you work more than 40 hours in a work week for most employees. Moreover, this Act requires your employer to pay you for all of the time worked and cannot force you to "work off the clock". Notwithstanding this law, many employers try to avoid paying you all of the time you worked by calling you "exempt" when you are, in fact, non-exempt. You may be eligible for overtime and off the clock pay whether you are paid hourly or are salaried.

The cases we see most often involve:

  • "Off-the-clock" work
  • Improper OT calculation methods
  • Failure to pay compensable time (travel; donning/doffing; on-call; training)
  • Improper classification as independent contractor

Additionally, many employers do not pay you for your breaks but require you to work through them. This is also a violation of the FLSA. If you are not being paid for all of the time you work and/or not being paid time and one-half for the hours you work in excess of a 40 hour work week, you may be entitled to back pay and other compensation. If you are not paid all of this time or paid appropriately, the overtime lawyers at the Buxner Law Firm want to talk to you.

If you think you have a claim regarding overtime pay, call our attorneys at 1-877-248-8288 or, email us for or a free consultation.