The Federal Overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.
There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest unless overtime is worked on such days. The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular payday for the pay period in which the wages was earned.
In Key West and throughout Monroe County many workers depend on overtime hours for their families. Some business does not comply with the law, and your paycheck may not reflect the amount of time you have worked. Some employers are not aware of the Federal and State laws that protect workers regarding overtime compensation.
Some restaurants, bars, and other establishments to not intend to withhold funds from their employees. Actions which constitute overtime wage violation are as follows:
- Employees who don’t receive overtime compensation in Key West because their employer misclassified them at as salaried, making them exempt from FLSA’s overtime requirements
- Employees who don’t receive overtime compensation in Key West due to failure or negligence of their employers to identify, record and compensate for all hours worked, including “off-the-clock” hours.
- Employees who only receive regular pay rates during their overtime hours rather than the correct time and one-half rate.
Intention does not matter in these laws and an overtime attorney in Key West. FLSA overtime cases typically seek recovery for underpaid back wages, liquidated damage, attorneys’ fees and costs.
The law office of Todd W. Shulby, P.A. represents a broad range of clients about FLSA overtime and unpaid cases. If you’re not receiving the proper amount of overtime compensation from your employer, it’s important to get professional legal representation from an overtime lawyer in Key West that is always looking out for the best interest of their client.
In addition to providing overtime compensation representation, Todd W. Shulby, P.A. also offers legal counsel and advisement in all cases regarding labor law in Key West. All workers deserve to earn the correct wages they have rightfully earned. Call today and schedule a consultation.