Unpaid Overtime Lawyer - Unpaid Overtime Glossary

OVERTIME INFO | OVERTIME LAW | OVERTIME QUALIFICATIONS | EMPLOYER MISTAKES| CONTACT A LAWYER

UNPAID OVERTIME LEGAL HELP

Regardless of the state you reside in, the experienced Unpaid Overtime Lawyers at The Rasansky Law Firm may be able to help you get the overtime wages you deserve. Contact us Nationwide at (877) 321-6159 or submit your unpaid overtime case online today.

UNPAID OVERTIME GLOSSARY

Covered Employees
Duties Test
Exemptions
FLSA (Fair Labor Standards Act)
Hours Worked
Independent Contractor
Regular Rate
Retaliation
Statute of Limitations
Workweek

Covered Employees

Certain employees are "covered" by the Fair Labor Standards Act (FLSA), meaning due overtime and minimum wage. While there are a number of “exemptions,” the Act generally covers employers engaged in “interstate commerce” or in the production of goods for interstate commerce, or in any closely-related process or occupation directly essential to such production. “Interstate commerce” covers many, many businesses.

Duties Test

For a position to be exempt from the FLSA, the position must be listed and the employee must actually perform the particular duty. The title of the job really does not matter as much as the actual job duties.

Exemptions

Some employees are exempt from the overtime pay provisions or both the minimum wage and overtime pay provisions. Exemptions are generally narrowly defined under the FLSA.

FLSA (Fair Labor Standards Act)

Establishes minimum wage, overtime pay, recordkeeping, and child labor standards affecting full-time and part-time workers in the private sector and in Federal, State, and local governments.

Hours Worked

Covered employees must be paid for all hours worked in a worked. In general, “hours worked” includes all time an employee must be on duty, or on the employer’s premises or at any other prescribed place of work. Also included is any additional time the employee is allowed or permitted work.

Independent Contractor

Under the FLSA, a person who is an independent contractor is not entitled to overtime pay from the person who hired them.

First determine if you are an “independent contractor,” then you can decide if you are owed overtime. Some criteria for being labeled an independent contractor include:

The amount of control your employer has over you;

If there is an opportunity for profit that is not controlled by your employer;

The skill and effort required in the job; and,

The permanency of the employment relationship.

Regular Rate

Overtime is generally calculated at one and one-half times an employee’s regular rate of pay. Divide total pay, not just hourly pay, by the total number of hours worked. The total pay can include productivity bonuses and incentives for odd shift work.

Retaliation

It is against the law to fire or discriminate against an employee for filing a complaint or for participating in a legal proceeding for violation of overtime pay or wage and hour requirements. If your employer has done this, they can be held responsible both civilly and criminally for their actions.

Statute of Limitations

The right to sue for overtime pay expires with time. If an employee files suit for back pay, all that can be recovered is pay up to two years prior. If the employee can prove the underpayment by the employer was willful or reckless, back pay can be recovered up to three years prior.

Workweek

A workweek is a period of 168 hours during 7 consecutive 24-hour periods. It may begin on any day of the week and at any hour of the day established by the employer. Generally, for purposes of minimum wage and overtime payment each workweek stands alone; there can be no averaging of 2 or more workweeks. Employee coverage, compliance with wage payment reuirements, and the application of most exemptions are determined on a workweek basis.

AGGRESSIVE UNPAID OVERTIME LAW FIRM

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.

FAIR LABOR STANDARDS ACT (FLSA) VIOLATIONS

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.

DOES MY JOB QUALIFY FOR OVERTIME PAY?

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