Unpaid Wages

I am being forced to work off the clock. What should I do?

In general, an employee’s “hours worked” include all time an employee must be on duty, or on the employer's premises or at any other prescribed place of work. All employees must be paid for all time worked. So if your employer is forcing you to work off the clock, you may be entitled to additional compensation (even if you are paid a salary).

Common examples of work off the clock:

  • Your employer asks to you set up, open a store or facility prior to clocking in.
  • Your employer makes you clock out for a meal break, but nonetheless makes you work during that period.
  • Your employer automatically deducts some period of time from your hours (usually for an assumed “break”), but does not compensate you for work you performed during that time.
  • Your employer asks you to clock out and then, after you are clocked out, perform additional work (e.g. cleaning up, shutting down, etc.).

Am I entitled to additional compensation:

Probably. This comes down to a determination of whether an employee is exempt or non-exempt. For further information that should help you determine whether or not you are exempt, these links may be helpful:

What to do if you are being forced to work off the clock:

  • Collect the facts – you need to get a sense of how much you are working off the clock, whether any additional employees are also working off the clock. Get any documents you have about off the clock work together.
  • Contact an employment lawyer – get a better understanding of your rights. We offer a free initial consultation. In most situations involving work off the clock we do not collect a fee unless we get recovery for our client.  Contact us today for a free consultation.

What is workplace retaliation?

Our New York Employment Lawyers are often contacted by employees who believe that they are being illegally retaliated against. Workplace retaliation is unlawful. If you feel you have been retaliated against for making complaints in the workplace, you should know if you are protected under the law.  Our experienced employment lawyers can help yo to determine if you are being retaliated against. Think about these questions to see if you might be a victim of unlawful retaliation:

  1. Have you recently objected to any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation?
  2. Have you recently refused to participate in any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation?
  3. Have you recently disclosed, or threatened to disclose, to any appropriate governmental agency an activity, policy, or practice of the employer that is in violation of a law, rule, or regulation?
  4. Have you recently provided information to, or testified before, any appropriate governmental agency, person, or entity conducting an investigation, hearing, or inquiry into an alleged violation of a law, rule, or regulation by the employer?

Here are some examples of other types of complaints where the law protects you from retaliation.

Discrimination: If you are the victim of discrimination or harassment based upon your race, age, sex, religion, national origin, color, disability, genetic information, disability, sexual orientation, or your association with a person in one of these categories, then you have to follow your employer’s published discrimination/harassment policy and report it.

Wage/overtime violations: If you’re terminated for objecting to failure to pay wages owed or failure to pay overtime, you may be protected from retaliation under the Fair Labor Standards Act or your state’s wage/hour laws.

What to do:

  1. Put it in writing even if the employer’s policy says to have a meeting. You can present the written document at the meeting.  That way you have proof that you complained about something that’s protected.
  2. If you complain, keep it professional and to the point. Stick to the facts.
  3. Your employer is entitled to investigate your complaint. That means even if they have a policy of keeping your complaint confidential, your boss, the person you’re complaining about, and your witnesses and other coworkers will probably find out about it. Be prepared for that to happen, and be ready to report retaliation.
  4. If you are retaliated against for reporting something illegal, put your complaint of retaliation in writing. If the retaliation doesn’t stop, or if you get fired, disciplined, demoted, or a pay cut as a result, contact an employment attorney.

If you have any questions, or think you are being unlawfully retaliated against, contact us.  Our New York Employment Lawyers can help.

Q&A: NY Overtime Law | NY Overtime Pay

Do I have an overtime claim? If you think that you may have an overtime claim, chances are that you do.  Below are a few frequently asked questions about New York Overtime Law that can help you to determine whether you have an overtime claim or a claim under the Fair Labor Standards Act (“FLSA”) or NY Overtime Law Law.  If you think you are entitled to overtime, you should contact us for a free consultation.

Q: What do the terms overtime hours and overtime pay mean?

Overtime hours means the time an employee works more than 40 hours per work week.  Under federal law and the NY Overtime Law, overtime pay must equal at least one and one-half times an employee's regular rate of pay. So, if an employee regularly makes $10/hour, that employee is entitled to make $15/hour for all the overtime hours he or she works.

Q: Who must be paid overtime pay?

Most employees are entitled to overtime pay.  You are probably entitled to overtime pay unless your job is an "executive," "administrative," and "professional" positions.  Whether or not you fall into one of these categories depends on the specific nature of your job.  If you have questions about NY Overtime Law, you should talk to a lawyer.

Q: What if I have no written records or proof of the hours I worked?

You do not need written records or proof of the number of hours you worked. It is the employer's duty to maintain certain records regarding your work hours and pay.  If your employer does not have those records, your testimony under oath will be sufficient to prove your claim.

Q: Do I have to be paid overtime pay for working more than eight hours in one day?

No. Overtime pay must only be paid when you work more than 40 hours in week, and not more than eight hours in any one day.

Q: What if my employer tells me that I am an independent contractor?

You may still be entitled to overtime pay because your employer may be wrongly telling you that you are an independent contractor. Whether or not you are an independent contractor depends on a variety of factors that we will need to discuss with you before we can give you an answer.

Q: What if I work 30 hours in one week and 50 hours in the next week, can my employer average the two weeks to avoid paying me overtime?

No. This is a common method employers use to avoid paying overtime. The averaging of workweeks is expressly prohibited by law. You are entitled to receive overtime pay for each individual week you work more than 40 hours. In the above example, you are entitled to receive overtime pay for the 10 hours you worked more than 40 hours in week two.

Q: Is it legal that I am paid "comp time" instead of overtime?

Unless you work for the state or federal government, an employer providing compensatory or "comp time" instead of overtime pay is illegal.

Q: My employer tells me I am exempt from the overtime pay laws, am I?

Not necessarily. You are exempt based on your job duties and responsibilities and not based on what your employer calls you. It makes no difference if your employer calls you exempt or gives you a job title such as "manager" or "supervisor." It is a common practice for employers to give workers the title of "assistant manager" to avoid paying overtime when those employees are not exempt and should be paid overtime.

Q: Can I still be entitled to overtime pay if I am a salaried rather than hourly employee?

Yes. This is one of the common misconceptions about overtime pay. You are not exempt just because you are paid a weekly salary. If you are not otherwise exempt under the FLSA, your employer must convert your weekly salary to an hourly rate and pay you time and a half for all hours worked in excess of 40 hours.

Q: When should I file a claim against my employer?

The longer you wait the less overtime pay you may be able to recover. It is also best to promptly pursue your claim so that time records and witnesses are readily available.

Q: Can my employer fire me for bringing an overtime claim against it?

No. It is illegal for an employer to fire or in any way retaliate against an employee because he or she has filed a claim for overtime against the employer. We will help protect you if your employer tries to retaliate against you for filing an overtime claim.

Q: What should I do if I believe that I am owed overtime pay?

You should seek legal advice. The overtime laws are highly technical and we can help apply the law to your special situation. Our experienced NY Overtime Lawyers provide free consultations and will tell you if you are owed earned wages and if we can help you.

Q: How much does it cost to file a claim?

In most cases, all costs for overtime and unpaid wage cases will be advanced by our firm. Because our fee is typically contingent on a recovery from the employer, the firm does not get paid or reimbursed for expenses until the recovery is made.

Q: Do I have to pay attorneys fees to you if I lose my case?

No. We will only receive a fee if we are successful in resolving your claim.

Failure to Pay Overtime in NY | Failure to Pay Overtime NJ

Failure to Pay Overtime in NY | Failure to Pay Overtime NJ

Failure to Pay Overtime
Failure to Pay Overtime

Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week.  All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, as well as work done at home. Activities performed before assigned shifts, such as logging on to computer systems, programs, and applications, dressing in required clothing or protective gear, or preparation and/or inspection of machinery, tools, equipment or supplies are counted in determining whether the employee is entitled to overtime wages.   Similarly, answering emails and texts from home is considered hours worked for purposes of calculating overtime. Failure to pay overtime in NY and NJ is illegal.

Some employers fail to pay overtime because of misclassification of jobs as exempt from the federal or state wage and hour laws.  This may be the result of wrongful application of the complex tests prescribed under applicable laws or regulations or failure to consider deductions from pay.  Just because your employer tells you that you are not entitled to overtime does not make it so.

If you believe you have been denied overtime pay in New York or New Jersey, you should consult an attorney experienced in wage and hour claims.

Am I Entitled to Accrued and Unused Vacation Time in NY?

Are you owed accrued, unused vacation?

If you believe you are owed any wages - call us - we have lawyers standing by.  You can be discussing your case today.  You can also e-mail us.  All e-mails receive a response, from a lawyer, within 24-hours.

If you are an employee in New York and you resign, quit or are terminated from your job, then you may be wondering if you your employer is required to pay you for your accrued and unused vacation time.  According to the New York Department of Labor, whether your employer is required to compensate you for any unused vacation time depends on the terms of the company's vacation and/or resignation policy.  Courts in New York have held that an agreement to provide benefits or wage supplements, like vacation, can specify that employees lose accrued benefits.  See Glenville Gage Company, Inc. v. Industrial Board of Appeals of the State of New York, Department of Labor, 70 AD2d 283 (3d Dept 1979) affd, 52 NY2d 777 (1980) located here.  In order to be valid, the employer must have told employees, in writing, of the conditions that nullify the benefit.  In other words, if an employee has earned vacation time and has not used it and the employer has no written forfeit policy, then the employer must pay the employee for the accrued vacation. The NY Department of Labor has published a helpful FAQ on this and other wage and hour related issues.

Frankly, if you are being let go, you should consider whether you are entitled to a severance agreement and release.  Our firm helps employees understand and negotiate severance agreements which include payment for accrued, unused vacation time plus additional compensation.

If you have any issues with how/when you are paid, you should call us today.  We can help!

If you are entitled to your accrued unused vacation, we can help you get it.  For a 25% contingency fee, we will write to your employer on your behalf and advise your employer regarding your rights for accrued unused vacation.    If we cannot recover, you owe us nothing.  If you are an employee in NY and have any questions about your vacation pay or other wage and hour matters, please contact us today.

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Independent Contractor vs. Employee -- Exotic Dancers Recover $1.55M in Misclassification Case

Independent Contractor vs. Employee Exotic Dancers Recover $1.55M in Misclassification Case

Clincy v. Galardi South Enterprises, Inc. was brought by a group of exotic dancer/entertainers who alleged that they had been misclassified as independent contractors rather than employees. The Defendants required that the dancers pay a fee to the club for the privilege of dancing as an independent contractor.

The trial court explored the question of whether the dancers were employees or independent contractors under the FLSA and ruled that the dancers were employees rather than independent contractors.  Prior to the trial on the second issue, the defendants settled the action. They agreed to pay a $1.55 million settlement to the class of strippers.

Ultimately the employee versus independent contractor issue is a complicated one.  Courts often rule based on a variety of factors including (1) the nature and degree of control over the work, (2) the employee's opportunity for profit or loss depending on her skill, (3) who pays for equipment, (4) whether the services require special skill, (5) the permanency and duration of the working relationship, and (6) the extent to which the services are integral to the business.

In this case, none of the plaintiffs were paid any direct wages by the club in which they worked.  Instead, they paid defendants for the right to perform in their club.  The plaintiffs’ each were required to sign independent contractor agreements as a prerequisite to beginning work for the defendants.  Defendants claimed that the dancers were independent contractors because they were paid directly by customers and did not receive paychecks.  They also claimed that the club did not profit from the dancers and that the dancers did not necessarily drive the club’s business.  However, based on evidence that the defendants set the prices for tableside dances and the amount of gross receipts dancers were required to turn over in the form of “house fees” and disc jockey fees, as well as the fact that the defendants set specific schedules for the dancers, created rules of conduct (subject to discipline), check-in and check-out procedures and otherwise controlled the method and manner in which plaintiffs worked, the court held that the defendants were plaintiffs’ employers under the FLSA.

The take home point is this – just because your employer calls you an independent contractor, that does not necessarily make you and independent contractor.  This is true even if your employer makes you sign an “independent contractor” agreement.  If you think you may have been misclassified as an independent contractor, contact us for a free initial consultation.

Click Clincy v. Galardi South Enterprises, Inc. to read the entire opinion.

 

 

Am I Entitled to Overtime?

Most employees are entitled to overtime if they work over 40 hours/week.  Just because you are paid a salary does not mean that you cannot get overtime.  Nor can your company offer you “comp time” instead of paying you.  If you are entitled to overtime, you must be paid time and a half for any week you work over 40 hours. You are not entitled to overtime if:

You are an executive: This means your weekly salary is at least $455, and your primary job duty is managing the company or a department/subdivision.  You must also to supervise at least two full-time employees, and have the authority to hire/fire them, or at least make recommendations on hiring/firing.

You are an Administrator: This means your weekly salary is at least $455, and your primary job duty is office or non-manual work directly related to management or business operations.  Your job must involve using discretion and independent judgment regarding matters of significance.

You are a “Learned Professional”: This means your weekly salary is at least $455, and your primary job duty is performing work requiring advanced knowledge, predominantly intellectual, and the consistent exercise of discretion and judgment. For example, doctors, and registered nurses are learned professionals.

You are a “Creative Professional”:   This means your weekly salary is at least $455, and your primary job duty is requires invention, imagination, originality or artistic talent.

You are a “Computer Employee”: This means your weekly salary is at least $455 you are a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field.  Your primary job duty must be applying systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; or design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; or design, documentation, testing, creation or modification of computer programs related to machine operating systems; or a combination of these.

You are an outside sales professional:   This exemption applies where the primary job duty is making sales, obtaining orders or contracts for services or use of facilities and you regularly work away from the company’s place of business.

You are a highly-compensated employee: People who make over $100,000 a year are generally exempt from overtime.

You are a motor carrier: Drivers, driver’s helpers and mechanics (as well as others involved in vehicle safety or a motor vehicle used as transportation, the FLSA does not apply to you and the relevant law is the Federal Motor Carrier Act.

These are some of the main exemptions but there are many more.

If you think that you have been denied overtime, please contact us.  At attorney from our firm will get back to you within 24 hours.

NY Overtime Pay | How to Calculate Overtime Pay

How do I calculate Overtime Pay? Just because your boss tells you that you are not entitled to overtime does not make it true.  Countless people are misled into believing that they are not entitled to overtime.  To determine how much you might be owed, calculate as follows:

If you are an hourly employee:

●         Multiply your hourly rate by 1.5.  If you normally make $20 for every hour worked, multiply this by 1.5 to get to $30 per hour of overtime.

●         Multiply your total number of hours over 40 in a week by your overtime rate.  If you worked 45 hours, you are owed 5 overtime hours of overtime at $30 per hour of overtime, your company owes you $150 for overtime pay.

If you are a salaried employee:

●         Determine your weekly salary.

●         Determine your overtime premium rate.  To determine your overtime premium rate first, calculate your regular hourly rate by dividing your weekly salary by the number of hours worked that week.  Divide this number by two for your overtime premium rate.

●         If you are entitled to overtime, the company owes you your weekly hours over 40 times your overtime premium rate.

 

If you believe that you have been denied overtime pay as a NY or NJ employee, please contact us.

Failure to Pay Overtime Wages

Failure to Pay Overtime Wages is illegal. Most employees are entitled to receive one and a half (1½) times their regular hourly rate of pay for work performed in excess of forty hours per week.  All time worked must be counted in calculating overtime including, all work activities and activities before and after a shift, as well as work done at home. Activities performed before assigned shifts, such as logging on to computer systems, programs, and applications, dressing in required clothing or protective gear, or preparation and/or inspection of machinery, tools, equipment or supplies are counted in determining whether the employee is entitled to overtime wages.   Similarly, answering emails and texts from home is considered hours worked for purposes of calculating overtime. Some employers fail to pay overtime because of misclassification of jobs as exempt from the federal or state wage and hour laws.  This may be the result of wrongful application of the complex tests prescribed under applicable laws or regulations or failure to consider deductions from pay.  Just because your employer tells you that you are not entitled to overtime does not make it so.

If you believe you have been denied overtime pay, please contact us for a free initial consultation.  An attorney at our firm will get back to you within 24 hours.

FLSA Basics

I.          Misclassification as Exempt Under the federal Fair Labor Standards Act ("FLSA") some employees are exempt from receiving (or are not entitled to) overtime pay.

However, unless you qualify for one of the overtime exemptions, it is likely your employer should be paying you one-and-one half times your regular rate of pay for any hours you work in excess of forty hours per work week.  If you work more than forty hours per work week but do not receive overtime pay, and you do not qualify for any of the following exemptions, you may be misclassified and could be entitled to up to three years of unpaid overtime.

A.        Executive Exemption

In order to qualify for the FLSA's executive exemption, the following four tests must be met:

  • You must be compensated on a salary basis at a rate not less than $455 per week;
  • Your primary duty must be managing the enterprise, or managing a customarily recognized department or subdivision of the enterprise;
  • You must customarily and regularly direct the work of at least two or more full-time employees or their equivalent; and
  • You must have authority to hire or fire other employees, or your suggestions and recommendations as to hiring, firing, advancement, promotion or any other change of status of other employees must be given particular weight.

If your employer has classified you as exempt from the FLSA's overtime requirement under the executive exemption, but you do not meet all four tests above, you may be misclassified and could be entitled to up to three years of unpaid overtime.

B.        Administrative Exemption

In order to qualify for the FLSA's administrative exemption, the following three tests must be met:

  • You must be compensated on a salary basis at a rate not less than $455 per week;
  • Your primary duty must be the performance of office or non-manual work directly related to the management or general business operations of your employer or your employer's customers; and
  • Your primary duty must include the exercise of discretion and independent judgment with respect to matters of significance.

If your employer has classified you as exempt from the FLSA's overtime requirement under the administrative exemption, but you do not meet all three tests above, you may be misclassified and could be entitled to up to three years of unpaid overtime.

C.        Professional Exemption

There are two types of professional exemptions under the FLSA: (1) the learned professional exemption; and (2) the creative professional exemption.

In order to qualify for the FLSA's learned professional exemption, the following four tests must be met:

  • You must be compensated on a salary basis at a rate not less than $455 per week;
  • Your primary duty must be the performance of work requiring advanced knowledge, defined as work which is predominately intellectual in character and which includes work requiring the consistent exercise of discretion and judgment;
  • The advanced knowledge, discussed under number 2, must be in a field of science or learning; and
  • The advanced knowledge must be customarily acquired by a prolonged course of specialized intellectual instruction.

If your employer has classified you as exempt from the FLSA's overtime requirement under the learned professional exemption, but you do not meet all four tests above, you may be misclassified and could be entitled to up to three years of unpaid overtime.

In order to qualify for the FLSA's creative professional exemption, the following two tests must be met:

  • You must be compensated on a salary basis at a rate not less than $455 per week; and
  • Your primary duty must be the performance of work requiring invention, imagination, originality or talent in a recognized field of artistic or creative endeavor.

If your employer has classified you as exempt from the FLSA's overtime requirement under the creative professional exemption, but you do not meet both tests above, you may be misclassified and could be entitled to up to three years of unpaid overtime.

D.        Highly Compensated Employees

If you perform office or non-manual work and you are paid a total annual compensation of $100,000 or more, which must include at least $455 per week, you are most likely exempt from the FLSA's overtime requirement if you customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee, discussed above.

E.        Computer Related Exemption

In order to qualify for the FLSA's computer related exemption, the following three tests must be met:

  • You must be compensated on a salary basis at a rate not less than $455 per week or be compensated on an hourly basis at a rate not less than $27.63 an hour;
  • You must be employed as a computer system analyst, computer programmer, software engineer, or other similarly skilled worker in the computer field; and
  • Your primary duty must consist of at least one of the following: (1) the application of systems analysis techniques and procedures, including consulting with users, to determine hardware, software or system functional specifications; (2) the design, development, documentation, analysis, creation, testing or modification of computer systems or programs, including prototypes, based on and related to user or system design specifications; (3) the design, documentation, testing, creation or modification of computer programs related to machine operating systems; or (4) a combination of the aforementioned duties.

If your employer has classified you as exempt from the FLSA's overtime requirement under a computer related exemption, but you do not meet all three tests above, you may be misclassified and could be entitled to up to three years of unpaid overtime.

Note: the FLSA's computer employee exemption does not include employees engaged in the manufacture or repair of computer hardware and related equipment.  If you are engaged in either of these activities, and you do not otherwise qualify for a different FLSA exemption, your employer most likely must pay you overtime.

F.         Outside Sales Exemption

In order to qualify for the FLSA's outside sales exemption, the following two tests must be met:

  • Your primary duty must be making sales or obtaining orders or contracts for services.
  • You must be customarily and regularly engaged away from your employer's place of business.

Unlike many other FLSA exemptions, you need not be paid a certain amount per week to qualify for the outside sales exemption.

If your employer has classified you as exempt from the FLSA's overtime requirement under the outside sales exemption, but you do not meet both tests above, you may be misclassified and could be entitled to up to three years of unpaid overtime.

G.        Retail or Service Establishment Exemption

In order to qualify for the FLSA's retail or service establishment exemption, the following three tests must be met:

  • You must be employed by a retail or service establishment.  Retail and service establishments are defined as establishments 75% of whose annual dollar volume of sales of goods and/or services is not for resale and is recognized as retail sales or services in a particular industry;
  • More than half of your total earnings must represent commissions; and
  • Your total compensation divided by the number of hours you work or your regular hourly rate must be greater than one and one-half times (150%) the federal minimum wage.

If your employer has classified you as exempt from the FLSA's overtime requirement under the retail or service establishment exemption, but you do not meet all three tests above, you may be misclassified and could be entitled to up to three years of unpaid overtime.

H.        Other FLSA Exemptions

Although this list is not conclusive, if you qualify for any of the following less common FLSA exemptions, you may not be eligible to receive overtime pay:

  • You are employed by a seasonal amusement or recreational establishment.
  • You are engaged in fishing operations.
  • You deliver newspapers.
  • You are a farm worker employed on a small farm.
  • You are a casual babysitter.
  • You are an auto, truck, trailer, farm implement, boat, or aircraft salesperson employed by a non-manufacturing establishment that is primarily engaged in selling those items to ultimate purchasers.
  • You are employed by a railroad or air carrier.
  • You are a taxi driver.
  • You are a domestic service worker and you reside at your employer's residence.

II.          Preliminary and Postliminary Activities

Preliminary activities are activities which you perform before you begin your "principal" work activities.  Postliminary activities are activities which you perform after you end your "principal" work activities.  Principal activities are activities which you are employed to perform and also include all activities which are an integral (or essential) part of your employer's business.  Your employer must pay you for time spent engaged in principal, integral and essential activities.  Depending on the circumstances, time you spend in preliminary and postliminary activities may also be compensable.

Time you spend in the following preliminary and postliminary activities is not generally compensable:

  • Walking, riding, or traveling to and from the actual place where you perform the principal activities which you are employed to perform.
  • Activities that you perform either prior to or after the time that you end your principal activities.

There are two exceptions in which preliminary and/or postliminary activities are compensable:

  • Such time is considered hours worked pursuant to an express provision of a written or unwritten contract between you and your employer.
  • Such time is treated as hours worked according to custom or practice at the place where the work is performed.

III.          Calculating Overtime Pay

Under the Fair Labor Standards Act ("FLSA"), overtime compensation generally must be paid to covered employees (employees who do not qualify for an FLSA exemption) at a rate of at least one and one-half times their regular rate of pay for each hour worked in excess of 40 hours per workweek.  In addition, a covered employee's regular rate of pay must be equal to or greater than the federal minimum wage.  In most circumstances, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the overtime wages were earned.

Based on your employer's discretion, your workweek may begin on any day of the week and at any hour of the day.  However, your workweek must be a fixed and regularly recurring period of seven consecutive 24-hour periods.  Therefore, your employer cannot average your hours worked over two or more weeks to determine you hours worked per workweek.

In addition, under the FLSA, your employer is supposed to maintain records of the time you spend performing compensable work activities.  If you bring an overtime claim against your employer, but your employer has failed to maintain the required records, you are entitled to recover overtime compensation based on a good faith (reasonable and realistic) estimate of the time you worked over the past 2 to 3 years for your employer.

A.        Employees Paid by the Hour

If you are paid by the hour, your employer must pay you at least one and one-half times your regular hourly rate for each hour worked over forty hours per workweek.

B.        Employees Paid on a Piecework Basis

If you are paid on a piecework basis, your regular rate of pay is obtained by dividing your total weekly earnings by the total number of hours you work in a particular workweek.  You are entitled to an additional one-half times your regular rate of pay for each hour you work over forty hours per workweek, plus full piecework earnings.

C.        Employees Paid a Salary for a Regular or Specified Number of Hours

If you are paid a salary for a regular or specified number of hours per workweek, your regular rate of pay is obtained by dividing your salary by the number of hours your salary is intended to compensate.  You are entitled to an additional one-half times your regular rate of pay for each hour you work over 40 per workweek, plus your salary.

D.        Employees Paid a Salary on Other than on a Weekly Basis

If you are paid a salary on other than on a weekly basis, your weekly pay must be determined in order to compute your regular rate of overtime pay.  If your salary is intended to cover a half-month, it must be multiplied by 24 and the product divided by 52.  If your salary is intended to cover an entire month, it must be multiplied by 12 and the product divided by 52.

E.        Weekend and Holiday Work

Under the FLSA, you are not entitled to an overtime premium solely because you perform work on a weekend or holiday.

F.         Overtime Pay May Not be Waived

The FLSA's overtime requirement cannot be waived by agreement between you and your employer.  In addition, an announcement by your employer that no overtime work will be permitted, or that overtime work will not be paid unless it is authorized in advance, will not impair your right to compensation for compensable overtime hours worked.

 

Learn your rights.  Contact us for a free initial consultation.  An attorney from our firm will get back to you within 24 hours.