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The Fair Labor Standards Act (FLSA) is a federal law that requires overtime pay to be paid to most employees at the rate of one and one-half times their regular rate of pay when employees work more than 40 hours in a week. (As explained below, the regular rate of pay is equal to an employee's hourly rate of pay or higher). The majority of employees in this country are covered by the FLSA. And, it is reported that 70% of American employers are not in compliance with the overtime law. Employers have found creative ways to violate the overtime pay laws.
Some of the most common ways that employers violate the overtime laws are:
Improper calculation of the rate at which overtime is paid;
Failure to count work time in computing overtime pay such as working employees "off-the-clock" or failing to count pre-shift or post-shift activities as work time
Paying straight time instead of time-and-a-half;
Paying a "day rate" regardless of the number of hours worked;
Misclassifying the worker as an "independent contractor";
Improperly failing to pay employees true time and one-half overtime pay by wrongly claiming that the employees are somehow exempt from the overtime laws.
Perhaps the greatest misconception among employees is that their employer does not have to pay them overtime if they are paid on a salaried basis. THIS IS FALSE. Salaried employees are entitled to overtime pay as long as their job duties do not fit within one of the exemptions to the overtime pay laws.
Indeed, in overtime pay cases, courts presume that all employees are entitled to time and one-half overtime compensation. Only those employees who an employer can prove fit within one of the exemptions to the FLSA can lawfully be denied overtime pay.
State laws can provide benefits that are in addition to the benefits provided under the FLSA. For example, some states require employees who are not covered by the FLSA to be paid overtime compensation. In addition, some states require that overtime be calculated at higher rates than the FLSA.
Special rules apply to employees of federal, state and local governments in the areas of fire protection and law enforcement, volunteering and compensatory time. A limited partial overtime exemption applies to law enforcement and fire protection employees.
If you believe that you have been denied overtime pay by your current or past employer, please contact Orlando Overtime Pay Attorney - Lawyer N. James Turner by calling 888.877.5103 for a free, no obligation consultation to see if we can achieve successful results on your behalf. Or visit us at www.njtlaw.com