The Fair Labor Standards Act (FLSA) guarantees most employees in the United States the right to overtime pay. It means that if you work more than 40 hours in a week, your employer is required to pay you 1.5 times your regular hourly rate for any hours over 40. However, this rule has several exemptions, and many workers are not aware of their rights. In this blog post, we will discuss the basics of the FLSA, including overtime exemptions and how to calculate overtime pay.
What Is Overtime Compensation?
Over-time compensation also referred to as overtime pay, is a form of payment given to employees who work more than a certain number of hours in a day or week. The Fair Labor Standards Act (FLSA) sets the regulations for overtime pay in the United States. Employers must comply with these regulations to avoid fines and other penalties.
There are two types of overtime pay: mandatory and voluntary. Mandatory overtime pay is required by law, while the employer offers voluntary overtime pay.
The Department of Labor released new overtime compensation claims statistics in February 2018. According to the report, employers have paid over $1 billion in overtime compensation claims in the past two years. The department also reported that overtime compensation claims have increased by over 60% in the past five years.
These statistics underscore the importance of paying employees correctly for their work hours. Employers who do not pay employees for overtime may be subject to legal action.
Overtime Pay In California
If you are an employee in California, you are likely entitled to overtime pay. Employers in California must pay their employees 1.5 times their regular pay rate for all hours worked over eight in a day or 40 in a week. The California Labor Code requires it. Employers must also pay their employees to double their regular pay rate for hours worked over 12 days or over 80 in a week.
There are a few exceptions to this rule. Employees who are “exempt” from overtime pay are not entitled to receive it. Exempt employees include those who are :
- Outside salespeople
- Those who earn more than $100,000 per year
What To Do If You Don’t Receive Your Rightful Overtime Payment?
If you feel like you are not being paid correctly for the overtime hours you have worked, you can take a few steps.
- First, document everything accordingly.
Keep a journal of the hours you work and when and how you were paid. This information can be helpful if you need to take legal action.
- Secondly, talk to your employer.
Employers are often unaware of the overtime laws and will be happy to correct the situation once it is brought to their attention. If this doesn’t work, or you feel like you are being retaliated against for speaking up, you should consider taking legal action.
- Third, if your employer has failed to pay you for overtime work,
You can file a complaint with the Department of Labor. You can also file a lawsuit against your employer. However, these actions can be costly and time-consuming, so it’s important to weigh your options before taking action.
Filing An Overtime Compensation Claims
You will need to take a few basic steps to initiate the process.
If you have been working overtime without proper compensation, you may be able to file an overtime compensation claim. To do so, you will need to follow these four steps:
1. Determine if you are eligible for overtime pay.
The first step is to determine whether or not you are eligible for overtime pay. To be eligible, you must meet the Fair Labor Standards Act (FLSA) requirements set forth. Generally, employees are entitled to overtime pay if they work more than 40 hours a week.
2. Gather evidence of the hours you have worked.
To receive this compensation, you will need to gather evidence of your work hours. This evidence can come in time cards, payroll stubs, or other documentation that shows the hours you have worked.
You should also keep a record of the overtime hours you have worked. It can get done by tracking the dates and times you worked overtime. If possible, try to get a witness who can attest to your work hours. If you have any questions about filing a claim for overtime compensation, visit the experienced Pacific Attorney Group.
3. File a claim with the Department of Labor.
The Department of Labor is responsible for enforcing several labor laws in the United States, including the Fair Labor Standards Act (FLSA). This law requires employers to pay employees overtime for all hours worked over 40 in a week.
If you believe that your employer has failed to pay you the overtime compensation you are owed, you may file a claim with the Department of Labor. You can do this online or by mail. The Department of Labor will investigate your claim and determine whether or not you are owed overtime pay.
4. Negotiate a settlement or go to court.
When deciding whether or not to negotiate a settlement, you should consider the following factors:
– How strong your case is
– The amount of overtime you have worked
– The number of people who are also seeking overtime compensation
– Your employer’s ability to pay
If you decide to go to court, you will need to hire an Employment attorney. It can be expensive, but an attorney will be able to help you build a strong case and increase your chances of winning.
If you have worked overtime in the past but have not been compensated for it, you may be entitled to overtime pay. This article outlined four simple steps to file a successful overtime compensation claim. If you would like more information or speak to an employment attorney, please visit us at Pacific Attorney Group or call us at (213) 486-3084.