Federal law requires higher rates of pay for employees who work overtime, but employers may attempt to deprive qualified workers of this extra compensation. Sometimes employees are paid at the wrong rate for extra hours and sometimes not at all. If you suspect you haven’t received overtime pay to which you are entitled, the dedicated labor law attorneys of Sanford Law Firm in Birmingham, Alabama, will work promptly to determine and enforce your rights.
The Fair Labor Standards Act (FLSA) is a federal wage and hour statute that entitles most employees of most businesses in the country to time and a half — 150 percent of their normal wages — for any work they do beyond 40 hours a week. This may include time they were present, but not working, at their employer’s premises or any other designated work area as well as work performed off the clock, but does not include non-working lunch breaks or travel time between work and home. But not every worker is entitled to overtime. A business is required to pay overtime only if it either:
Even if your company meets one of those criteria, the FLSA overtime requirement does not apply to all employees. Those who are exempt from overtime pay include:
If you are uncertain whether or not you are covered by the FLSA’s overtime provisions, we can examine your situation and make that determination.
Employers often try to avoid paying overtime by mischaracterizing non-exempt employees as exempt employees, undercounting the hours they work or paying overtime at the wrong rate. If you suspect that you have been deprived of overtime pay to which you are entitled, we can review the facts of your case and seek compensation for your any income you are due.
If your employer has deprived you of overtime to which you are entitled, our first move as your counsel will be to demand the wages due. If the employer refuses to pay, we can bring suit in court to enforce your rights and recover damages. An overtime suit must be brought within two years of the violation, unless your employer’s failure to pay was allegedly willful, in which case you have three years to sue. Your damages may include:
The dedicated employee-side labor lawyers at our firm will work diligently to win everything to which you are entitled as quickly as we reasonably can.
Sanford Law Firm represents Alabama employees who claim not to have received proper wages, overtime pay, benefits or leave. Please call 205-675-0726 or contact us online to schedule a meeting at our office on Richard Arrington Jr. Boulevard North in Birmingham.