It can be a challenge for both Elyria employers and employees to keep up to date with overtime regulations. These rules are complex, and their impact can vary substantially depending on if someone is salaried, hourly, or an independent contractor. The reality is that many employees have no idea that they are protected by federal overtime laws. If you believe that your employer has been illegally requiring overtime, a discussion with an experienced wage and hour attorney could be in order.
You do not have to allow overtime violations to continue. If you feel your employer underpaid you for your overtime hours, you could be entitled to compensation. Let an Elyria overtime violation lawyer advise you of your rights under these circumstances.
Federal law governs the rate employers must pay their employees when they work more than 40 hours per week. Under the law, employers may not require employees to work more than 40 hours during the course of the week. There are exceptions to this rule, primarily the requirement that employers pay their employees one and a half times their normal hourly rate for each hour of overtime worked. This is known as being paid “time and a half.” For example, an employee that typically earns $20 per hour would earn $30 for each hour per week they work above 40.
While many workers are covered under this statute, not all workers are entitled to overtime. For example, many salaried workers are not paid on an hourly basis, allowing their employer to avoid complying with any minimum wage laws.
Independent contractors are another exception. Despite working closely with an employer, they are technically not an employee. This distinction is vital, as independent contractors are not protected by these laws.
Finally, bartenders, waiters, and other tipped workers do not qualify for overtime even when they work more than 40 hours in a week. A local attorney could advise an employee if they have been subject to overtime violations following a careful review of their records and pay stubs.
Some overtime violations are easy to identify. These cases often involve an employer that requires overtime but fails to pay them the additional pay as required by law.
Some employers take a creative approach to avoid overtime pay. One common trick involves the manipulation of a workweek. This involves an employer manipulating a worker’s schedule so that they might work more than 40 hours, but their time is split into different calendar weeks in a way that makes it seem like they are below the 40-hour threshold.
Thankfully, the Fair Labor Standards Act (FLSA) aims to prevent this form of manipulation. While the law allows employers flexibility in how they set their weekly schedules, it requires a 7-day fixed workweek that is not altered for fraudulent purposes. A seasoned lawyer in the area could advise a worker whether or not their schedule results in overtime violations.
Many workers are entitled to time and a half when they work more than 40 hours per week but not every employer is willing to follow the law in this regard. You could hold an employer that violates these overtime rules accountable by working with legal counsel from Tittle & Perlmuter. Call an Elyria overtime violation lawyer right away to learn more about what could be possible in your specific situation.