Finding Unpaid Overtime Lawyers. Unlike many areas of the law where consumers are constantly bombarded with ads from hundreds of firms (e.g. personal injury, criminal, social security disability, etc.), it can be much more difficult to find knowledgeable unpaid overtime lawyers.
Home Health Care Workers are Entitled to Overtime Pay Starting January 1, 2015. A federal court judge in Ohio has ruled that home health care workers are entitled to overtime wages as of January 1, 2015, the original effective date of the rule change for employees performing companionship services.
The court found that the Department of Labor’s regulation changes were effective and enforceable as of January 1st even though the appeal process was not resolved until October 13, 2015, and the DOL indicated that it would not begin enforcement actions prior to November 12, 2015. Where Do the FLSA Overtime Rule Changes Currently Stand? - Overtime-FLSA.com. On November 22, 2016, a federal judge in Texas blocked the changes to the salaried Executive, Administrative, and Professional exemptions that were set to take effect on December 1, 2016.
The injunction was part of a case brought by 21 states who said the rule was unlawful and would substantially hurt small businesses. The judge agreed and blocked the rule from taking effect, leaving many affected employees and employers wondering what would happen next. Despite this action by this one judge, you may still be legally entitled to the benefits under the new rules. Salaried Employees Overtime. “If you are paid a salary you are not entitled to receive overtime pay.”
If you have heard this from an employer, you are not alone. Despite the fact that the Fair Labor Standards Act (FLSA) has been law since 1938, this is one of the myths and misperceptions that have managed to survive for decades – causing multi-millions of dollars in overtime pay to be lost by workers each year. New Federal Salaried Overtime Pay Laws. Department of Labor Appeals Court’s Decision to Block New Overtime Rules On December 1, 2016, the Department of Labor filed an appeal of the district court’s decision to block the implementation of the new overtime rules which would raise the minimum salary required for the Executive, Administrative, and Professional exemptions.
Continue to check back here for further updates as the case progresses. Understanding Colorado Overtime; State Laws More Favorable to Workers. Compared to other states, overtime in Colorado may be paid differently, in a way that is more favorable to the worker.
Under Colorado state law, workers are entitled to overtime pay not only for hours worked over 40 each week, but also for hours worked over 12 per day or over 12 consecutive hours. This is different from the federal standard of 40 hours per week. The current federal minimum wage is $7.25 per hour; however, the state minimum wage for Colorado is $7.64 per hour. In simpler terms, employees should be paid time and one-half of the regular pay rate for any work in excess of: 40 hours per workweek12 hours in one workday12 consecutive hours, no matter if the work period overlaps into a second day. Understanding the Basics of Wage Laws. Wage laws in the U.S., also known as wage and hour laws, are generally codified in the Fair Labor Standards Act (FLSA).
The FLSA was passed in depression-era 1938. The FLSA was the last piece of New Deal legislation. It was designed to place restrictions on child labor, to encourage limits on the maximum hours worked, and to set a minimum rate of pay. The minimum rate of pay set in 1938 was 25 cents per hour. Things You May Not Know About Overtime. Overtime seems like it should be a rather straightforward subject.
If an employee works more than 40 hours in a single work week, they receive time and a half for the hours worked past the basic 40 hours. But, there’s a little more to overtime than this. Below are a few things you may not know about overtime. Overtime Rights Differ Depending on Your Job The Fair Labor Standards Act, or FLSA, is the federal law that grants employees the right to overtime pay. Understanding the New Overtime Laws for Salaried Employees. In just under two months, some salaried employees may get a boost in their pay if they work more than forty hours a week.
December will be the start of a big new change to the Fair Labor Standards Act of 1938 (FLSA) where more salaried employees will be able to take advantage of overtime pay. Before December 2016, the threshold salary that you could earn and still earn overtime was $455 a week or $23660 a year. Obviously, this isn’t a lot of money , so overtime only went to a few salaried employees. This was actually an increase though as before 2004, the threshold salary was $250 week. However, things will change in a big way very soon. Why December Will Be a Great Month for Salaried Employees Who Seek Overtime? Many retail store and assistant managers as well as other salaried employees may make less per hour than their hourly co-workers - even if they make more per week.
This is because the threshold for overtime salary is $455 per week. If you're wondering how much this is per year, it's a little over $23000. Over the past decade, the pay rate for salaried employees has risen, so this doesn't apply to most of them. New Federal Salaried Overtime Pay Laws. How To Calculate Overtime. Texas Overtime and Labor Laws.
California Overtime Law. New York Overtime and Labor Laws. New York State Labor Laws relating to minimum wage, hours of work, wage payments and supplements, etc. are enforced by the Division of Labor Standards. Below is an overview of the minimum wage and overtime pay laws that apply to workers in the state of New York. Private actions to enforce New York’s wage and hour laws, and recover unpaid overtime due to workers, are commonly brought (on a contingent fee basis) by employment law firms such as The Lore Law Firm. If you believe that you have been deprived of the overtime pay that you are legally entitled to, please contact us for a free and confidential review of your situation. Minimum Wage The New York minimum wage for most employees is $8.00 per hour, effective January 2014 ($7.25 prior to January 1, 2014).
The current Federal minimum wage rate is $7.25 per hour effective July 24, 2009. New York Hospitality Wage Orders have been revised. Case Evaluation Form - Overtime-FLSA.com. Background Checks. Anyone who has applied for a job in the past few years, particularly with a medium to large company, has almost certainly been the subject of a pre-employment background check – whether you realized it or not.
Such checks are becoming standard operating procedure for employers, however, there are some very specific legal requirements that have been put in place to protect employees and regulate the screening process. Since the information obtained through these employment background checks can cause the loss of a job opportunity, job applicants should be aware of their rights under the Fair Credit Reporting Act (FCRA) and what to do if they suspect their rights have been violated.
The following is an overview of the basic legal requirements for employers who want to pull background, credit and/or investigative reports on job applicants: Before a Report is Obtained: Claim Filing Deadlines. There are strict time limits that apply to any claim to recover unpaid overtime, so procrastination can be costly. Unless you are 100% certain that you are not legally entitled to overtime pay and/or that your overtime pay has been calculated correctly, you should take a few minutes to get a free and confidential review of your particular situation.
There could be tens of thousands of dollars at stake. Under federal law, which sets the time limits in most states, claims for unpaid overtime must be brought within 2 years. If the employer’s violation of the wage payment laws is “willful”, the timeframe can be extended to 3 years. News. Colorado Wage Laws More Favorable to Workers, Comparatively Compared to other states, overtime in Colorado may be paid differently, in a way that is more favorable to the worker. Under Colorado state law, workers are entitled to overtime pay not only for hours worked over 40 each week, … Continue reading California Cracks Down on Worker Misclassification Unfortunately, companies across the country consistently try to find loopholes to avoid paying workers overtime, including the age-old scheme of misclassifying employees as independent contractors. The misclassification as independent contractors is a major problem in California in particular, where it … Continue reading.
Investigations. Oilfield and Energy Industry Workers Paid on a Day-Rate We have been retained by hundreds of workers employed by oilfield service companies and other energy industry players who have for years been paid using a day-rate pay scheme that does not include premium pay for overtime hours. This practice is deep-rooted throughout the oil/energy business and deprives workers of millions of dollars per year in hard-earned overtime pay. Our firm is actively pursuing and investigating day-rate claims on behalf of a wide variety of oil, gas, petrochemical and energy workers, including: Field Engineers (MWD/LWD and others) Solids Control Technicians / Mud Loggers Closed Loop Operators Inspectors (pipeline, electrical and others) Equipment Operators Service Technicians / Operators Tankermen (vessel and shore) Mechanical/Electrical/Structural Designers-Detailers-CAD Draftsmen Computer / IT Workers Paid an Hourly Rate.
Common Problems. FRACKING and MUDLOGGING JOBS DESERVE OVERTIME PAY - Overtime-FLSA.com. There is no shortage of work these days for the oil and gas companies involved in exploration and production in the Marcellus, Eagle Ford and Bakken shale formations. The good news is that all of this activity has created thousands of oil field jobs and had a ripple effect throughout the local economies.
Day Rate Overtime. Labor Law FAQs. Overtime Rules. The Fair Labor Standards Act establishes minimum wage, overtime pay, record keeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. The rules and regulations established by the Fair Labor Standards Act are complicated by differing state laws and regulations making it sometimes very difficult to understand.
We make it our business to know the intricacies of the laws involved and how they affect you and your employment. If you have any questions regarding your own situation, please send your background information and/or question using the online form in the sidebar on the right.