Overtime and Wage Claims
The Fair Labor Standards Act ("FLSA") requires employers to pay most employees a minimum wage of $7.25 per hour. In addition, FLSA requires that covered employees be paid not less than one and one-half times their regular rates of pay for all hours worked in excess of 40 in a workweek. Some employees, including executive, administrative and professional employees and some other categories of employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions of FLSA under specific, narrowly defined exemptions.
However, the classification of a person as a manager or other exempt title does not automatically exempt employers from wage and overtime requirements for such employees. The law examines the duties that an employee performs, not just the title of the position. For example, an employee may be entitled to overtime, even though they are identified as management and are paid a salary. In addition, employees may be entitled to wages because they are being asked to work “off the clock” or because they are being offered “comp time” rather than being paid overtime.
Determining whether to pursue a legal claim is an important decision. You should be aware of your rights and prepared to take action if your rights are violated. Bell & Bell LLP offers free initial consultations, and we will take the time necessary to understand your situation and concerns.
If you have concerns about whether you are entitled to overtime or additional pay for hours worked, you should seek immediate legal advice. For a consultation with a lawyer at Bell & Bell LLP regarding overtime wages, call 215.569.2500 or contact us online.