Revised Overtime Laws

Did you know that under the Overtime Laws that were amended in August of 2004, employees who earn less than $23,660.00 per year are automatically entitled to overtime pay? In contrast, highly-paid employees who earn at least $100,000.00 per year and regularly perform one or more exempt duties are not eligible for overtime pay. Additionally, those employees who earn between $23,660.00 and $100,000.00 are often subject to misclassification and lost overtime wages. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

Everyday employers violate the Fair Labor Standards Act, the following is a overview of the most common violations:

1. Paying Comp Time Instead of Overtime: If your employer is giving you comp time instead of paying you overtime, they are breaking the law. While legislation has been suggested to permit workers to receive comp time instead of overtime pay for overtime hours worked, this is not the law. Many employers assume it is and give their employees comp time instead of the overtime pay they are entitled to. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

2. Misclassifying Employees: Just because an employee earns a salary does not mean the employee is not entitled to also be paid overtime. Only a few types of employees are not entitled to overtime. This depends on several things such as whether the employee is supervising other employees, is an outside salesperson, has a professional license or degree, and is making significant decisions that substantially affect the business. Otherwise, the employee is likely entitled to overtime pay, even if that employee is salaried. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

3. 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. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

4. Off the Clock Issues: Employers often assign employees more work than can be done in forty hours. The employee often stays late without being paid or takes the work home. If your employer is aware of this, you are entitled to overtime. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

5. Waiting for Work: Time that 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." If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

6. Overtime Regardless of Place: 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. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

7. Volunteer Overtime: It is the duty of management to exercise control and see that work is not performed if the employer does not want it to be performed. An employer cannot sit back and accept the benefits of an employee’s work without considering the time spent to be hours worked. Merely making a rule against such work is not enough. The employer has the power to enforce the rule and must make every effort to do so. Employees generally may not volunteer to perform work without the employer having to count the time as hours worked. If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.

If you need an aggressive Law Firm on your side, call us at 1.800.862.1260, the call is free, the consultation is free.
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