Find An Overtime Attorney Or Employment Lawyer

Federal and state laws outline requirements that employers must follow regarding overtime pay to employees. If you work over 40 hours a week, you are required to be paid overtime. If you have not been paid overtime pay, you may consult with an employment lawyer or overtime attorrney about filing a claim for your unpaid overtime.

Federal law

Federal law (Fair Labor Standards Act) requires that employers pay employees overtime (time and a half their hourly rates) for all hours the employee works in excess of 40 hours per week.  The FLSA exempts certain employees from this requirement based on a number of factors, but often employers mistakenly classify employers as “exempt” because they receive a salary even though the employees do not qualify under the FLSA.  If your employer has underpaid your overtime, contact an overtime attorney or employment lawyer, and you can recover three times the amount that should have been paid over the last three years and that could be thousands of dollars. Discuss the details of your unpaid overtime claim with an employment lawyer or overtime attorney to see if you are eligible for compensation for overtime pay you are owed.

Hourly employees are entitled to overtime pay at 1.5 times the hourly rate for all hours worked over 40 hours.  The employer may not change the end of the work-week in order to classify some work as being done in another week to avoid making this payment.  Also, all tasks done for the benefit of the employer are “work” whether or not the employer specifically required the employer to do the work.  Moreover, if an employee comes in early or works late in order to complete work, even if the employer did not require the employee to do so, that time is considered as hours worked.

 

Answering emails from home on a company issued blackberry is also considered work for purposes of this calculation.

Salaried employees who are not “exempt” are also entitled to overtime pay.  Exempt employees include executives, professionals, and some managerial and administrative personnel who perform significant supervisory duties. Don't let employers take advantage, contact an overtime attorney.

California Law

As a resident of California, you may also be entitled to unpaid overtime pay.  In California, an employer must pay each employee overtime at the rate of 1.5 times the base rate for time worked in excess of 8 hours in a single day and double the base rate for time worked over 12 hours in a single day. California also provides for additional overtime pay for employees who work seven days in a work week (even if no day exceeds 8 hours and the week does not exceed 40 hours total). California law also exempts from this requirement, employees in certain executive, professional and administrative positions.

Anyone who does not fall into an exempt category under the FLSA but works more than 40 hours in a week, even occasionally, should contact an overtime attorney as you may have an unpaid overtime pay claim. 

If you are paid a salary of $52,000 per year ($1,000 per week), your hourly rate is $25 per hour and your overtime rate is $37.50. If you work on average 45 hours per week for three years without being paid overtime pay, your claim for unpaid overtime pay is $29,500 or nearly 7 months of pay.

Learn More About Who Can Sue For An Overtime Claim