In addition to the Fair Labor Standards Act asserting that non-exempt employees who work more than 40 hours in the workweek must receive at least one and one-half times their regular rate of pay for the overtime hours, the FLSA also states that all nonexempt employees must be paid at least the minimum wage for all hours worked.

A workweek, which can begin on any day of the week, is 7 consecutive 24-hour periods or 168 consecutive hours.

Other areas the FLSA governs inlcude:

Collective Bargaining Agreements
Working Off The Clock
Rework
Waiting for Work
Place of Work

Collective Bargaining Agreements

CBAs are agreements between employers and representatives of their employees i.e. unions which address the wages, hours and other conditions of employment. Generally, an employee, or a union on behalf of an employee, may not waive his or her rights under the FLSA by agreement or contract, including what hours must be counted as hours worked.

Working Off The Clock

The FLSA defines the term "employ" to include the words "suffer or permit to work". Suffer or permit to work means that if an employer requires or allows employees to work, the time spent is generally hours worked. Thus, time spent doing work not requested by the employer, but still allowed, is generally hours worked, since the employer knows or has reason to believe that the employees are continuing to work and the employer is benefiting from the work being done. This time is commonly referred to as working off the clock.

Rework

When an employee must correct mistakes in his or her work, the time must be treated as hours worked. The correction of errors, or "rework", is hours worked, even when the employee voluntarily does the rework.

Waiting for Work

Time which an employee is required to be at work or allowed to work for his or her employer is hours worked. A person hired to do nothing or to do nothing but wait for something to do or something to happen is still working. The Supreme Court has stated that employees subject to the FLSA must be paid for all the time spent in "physical or mental exertion (whether burdensome or not) controlled or required by the employer and pursued necessarily and primarily for the benefit of the employer of his business."

Place of Work

Hours worked include all the time during which an employee is required or allowed to perform work for an employer, regardless of where the work is done, whether on the employer’s premises, at a designated work place, at home or at some other location.

The Fair Labor Standards Act requires companies to pay its employees the correct wages if they qualify for overtime pay. In some cases, employers misclassify its employees in an attempt to avoid overtime pay.

Contact an unpaid overtime lawyer today. All contact form submissions are confidential.

Even if you think you don't qualify for overtime pay or do not see your profession listed in our Do I qualify for Overtime Pay Section, The Rasansky Law Firm's experienced Unpaid Overtime Wage Recovery Lawyers will look at your case and determine if there is any potential wrong doing by your company.

Potential Class Action Lawsuits may arise against your company due to common employer mistakes that you can join to recovery money that you may be entitled to.

The Rasansky Law Firm handles unpaid overtime claims and class action lawsuits on the behalf of unpaid overtime and employment victims NATIONWIDE.

The amount of overtime wages that can be recovered are time sensitive. Contact The Rasansky Law Firm immediately. All consultations are free and confidential. Your employer will not know you have contacted us.

If you feel your employer is violating any part of the Fair Labor Standards Act in your state, contact us immediately by calling us at (877) 321-6159 Nationwide.

You can also contact us immediately by filling out our confidential Contact Form. The amount of overtime wages that can be recovered is time sensitive, so do not hesitate to contact The Rasansky Law Firm immediately.

Employers often misclassify employees into thinking they don't qualify for overtime when in fact they do, which is only one example of many types of Employer Mistakes. Below is a listing of professions in which you may be eligable to recieve overtime pay depending on your specific sitation.

•Auto Dealership Employees
•Claims Adjusters
•Commissioned Sales
•Computer Professionals
•Day Care & Pre-School Employees
•EMS Workers
•Executive, Professional, & Administrative Employees
•Federal, State & Local Government Employees
•Firefighters and Fire Protection Personnel
•Hospital & Residential Care Facility Employees
•Independent Contractors
•Law Enforcement Personnel
•Managers, Supervisors, Asst. Managers & Assoc. Managers
•Mortgage Brokers
•Office Workers
•Resident Employees
•Restaurant Employees
•Salaried Employees
•Sales Employees
•Temporary Employees
•Trainees, Students, & Apprentices
•Truck Drivers