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FLSA and Unpaid Overtime Law
The Fair Labor Standards Act (FLSA) establishes, among other things, overtime standards for workers in private sectors and federal, state and local governments. Enforced by the Wage and Hour Division, the FLSA states that non-exempt employees should receive overtime pay for hours worked over 40 in a single workweek. Still, the Wage and Hour Division recovers millions of dollars every year in back wages due to overtime violations.
If you have been denied overtime pay at your job, fill out our free case review form. Our overtime attorneys will evaluate your claim to determine whether you are eligible for an overtime lawsuit.
Fair Labor Standards Act
The FLSA applies on a workweek basis. A workweek can be defined as a fixed and repeatedly recurring period of 168 hours, or seven consecutive 24-hour periods. A workweek need not correspond with a calendar week; it can start on any day, at any time. Different sets of employees may have different workweeks. Averaging hours over two or more workweeks is not allowed under the FLSA.
Non-Exempt and Exempt Employees
For the purposes of overtime, employees are classified into either “exempt” or “non-exempt” categories. Exempt employees are ineligible for overtime pay, while non-exempt employees are entitled to overtime wages. To be exempt from overtime, an employee must meet one of the overtime exemptions. It is important to remember that exempt status is based on job duties, not job titles.
Determining whether you are an exempt or non-exempt employee is often difficult. In addition, some employers intentionally misclassify employees into exempt categories to avoid paying overtime. Unfortunately, this overtime scam makes determining overtime eligibility even more difficult.
If you work more than 40 hours in a week, there is a good possibility that you are a non-exempt employee and therefore deserve overtime pay. In fact, 86% of Americans are eligible for overtime pay. If you believe you are owed unpaid overtime, fill out our free case evaluation form. Our overtime attorneys will evaluate your claim, examine your job duties and determine your eligibility for an overtime lawsuit.