Overtime Violations

When you work for a company, you expect them to pay you fairly. While the majority of employers do their part to ensure you are compensated for the work you do, not all companies are interested in fully adhering to the law. For most employees, working more than 40 hours a week is not the regular arrangement. When an employee works more than 40 hours a week, they are entitled to pay that is time and a half of their normal rate. The only exceptions to this are workers whose shifts are typically longer than 8 hours, such as truck drivers, or those whose job descriptions include work outside normal business hours.

Are You Exempt from Overtime Pay?

According to the Fair Labor Standards Act, employers cannot make employees exempt from overtime pay solely in an effort to avoid having to pay overtime. If you work 40 hours a week at a regular rate and do not receive tips or bonuses that would equal the same value of time and a half pay for overtime, you are entitled to higher pay for those hours beyond 40.

Those who are exempt would include:

  • Managers
  • Outside salespeople
  • Those whose pay exceeds the federally determined wage

If you are not receiving overtime pay for the hours you work beyond your normal 40, you should explore the possibility that your employer is unlawfully withholding the proper pay.

Reporting a Violation

Employers must pay their employees fairly. If you are not being fairly compensated for the work you have performed, you can file a complaint with the U.S. Department of Labor (DOL) and have them further investigate the claim.

You must supply:

  • Your name
  • Contact information
  • Company information
  • A manager’s name who the DOL can speak to
  • What kind of work you performed
  • How and when you were paid

Following the filing of your complaint, the DOL will take a look at any exemptions for which the company is eligible, then further evaluate your claim by reviewing company financial information, interviewing employees, and finding out any other relevant information.

Your information will only be shared with parties who need to know, and all retaliation against you from your employer is prohibited by law. For more information about filing an overtime violation claim, you can speak with an experienced Boca Raton employment lawyer.
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