Getting What You’re Owed Part IV: When Is It Time To Contact an Overtime Pay Attorney?
Getting what you’re owed isn’t greedy or demanding. Getting
the pay you deserve is not only fair, it’s required by law. Part of getting
what you are owed is receiving any compensation you deserve for putting in
The Fair Labor Standards Act states that after 40 hours of
work in a workweek, employee’s are to be paid at a rate of one and one-half
times their regular rate. So if you happen to work 42 hours in a workweek, the
two hours extra you put in should pay out at one and one half times your regular
hourly pay rate.
This overtime pay applies to any covered, nonexempt
employees. So if you’re paid on an hourly basis, overtime usually applies. For
salary workers, overtime pay does not apply.
Knowing how overtime pay works is important so that you know
what pay you deserve.
So when should you contact an attorney about overtime pay?
Anytime you feel that you feel that you have worked overtime but are not being
paid for it. Overtime pay is usually included in your standard check, sometimes
a different line item in the breakdown. If you worked overtime in the last pay
period and it is not showing up on your check, it is definitely the time to
reach out to an attorney.
Some employers may even try and sneak their way out of
paying overtime. They might classify you as “exempt” or have you work “off the
clock” for cash. This “off the clock” work is often a side deal made between
you and your employer where they offer cash or tips to continue work after you
have reached the 40 hours in the work week.
Under the Fair Labor Standards Act employees cannot waive
their right to overtime pay. This means that even though your employer has made
a side deal with you, they are still required to pay wages fitting of the work.
Therefore you are still entitled to overtime pay if the side deal puts you at
over 40 hours within the workweek.
Understanding your rights to overtime pay is the first step
to getting what you’re owed. The next step is to contact an overtime pay attorney
if you are having pay withheld.
For more information about overtime pay, contact
Vethan Law Firm online or call our Houston office at 713-526-2222 or
our San Antonio office at 210-824-2220 Visit overtime-legal.com for more information