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Overtime Law Violation: Taking Legal Steps

By Edited May 14, 2015 0 1

Working overtime is one way for an employee to raise his salary. Some employees also work overtime to increase their chances of being promoted. Spending a few extra hours to finish work should not be taken lightly, especially by employers. Unfortunately, many employers today do not acknowledge the hard work of their employees and fail to pay them properly.

If you are an employee who is a victim of such an employer, do not lose hope because you can still recover the extra remuneration he failed to pay you. Here are some employee rights that you should know and understand before filing a complaint against your employer:

· The Fair Labor Standards Act (FLSA) requires that all employees should be paid according to the work they have done for their employers.
· Under federal laws, employers should pay for overtime hours that are equivalent to one and one half of the regular rate. If the working hours of an employee exceed 40 hours, the employer should consider the excess hours as overtime.
· Employees should not be required to attend meetings that are "off-the-clock".
· Employees should not be forced by their employers to exchange overtime pay for other benefits.
· Employers who have intentionally refused to pay any employment wages will be required to pay additional penalty compensation to employees. In some cases, the employee may demand the employer to double the unpaid overtime wages.
· There are some employees who are exempted from federal labor and overtime laws.
After understanding your rights, it is now time to file a formal complaint against your employer. However, you still need to make sure that your situation fits at least one of these conditions:
· Your employer required you to work beyond regular working hours.
· Your timesheet or time-in card is modified in order not to show overtime hours.
· Your minimum wage and/or overtime wage are not paid by your employer completely.
· You were not permitted by your manager or supervisor to work overtime.
· You are told by your employer to put down your hours on the succeeding week for your overtime hours.
· Your overtime wage is the same as your regular rate.

Remember that employers often commit overtime law violations because they think they can get away with it. However, if you take legal action, contact an experienced employment law attorney, and file a lawsuit against your employer, they will realize that they cannot get away with their unlawful actions.



Apr 22, 2010 1:43pm
Even salaried employees are taken advantage of....in the name of being a 'salaried employee' not hourly paid
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