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. If you are looking for an overtime attorney that can assist you when you believe your employer has deprived you of proper overtime wages, our overtime lawyers have provided a competent resource guide here. In most instances, just finding a labor and employment law attorney is not enough.
What you really need is an overtime lawyer whose primary focus is wage and hour law. Even on a national scale, the number of employment law firms that concentrate their practice specifically on failure to pay overtime cases is small (they all fit in one meeting room at national employment law conferences). Ask a few questions: How long has the firm been handling overtime cases?
Tips to Make Sure You’re Properly Compensated for Overtime Hours Worked | Understanding Overtime Pay. Do you work overtime? Are you properly compensated for the extra time worked? While the definition of overtime pay is simple – you are to be compensated at one and one-half times your regular pay rate for any hours worked over the 40-hour workweek as required by the Fair Labor Standards Act, there is a lot more involved in overtime pay laws, which many workers not fully understand. It’s vital that you are properly paid for all hours worked. Here’s what to do to make sure you are fairly paid for your overtime hours. Are you an Exempt or Non-exempt Employee? For the most part, if you are non-exempt (paid on an hourly basis) you are eligible for overtime pay under the Fair Labor Standards Act (FLSA) if you work more than 40 hours in a work week. Like this: Like Loading... Finding 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. What this means is that home health care agencies can be held liable for all unpaid overtime worked since that date. For those employed as home health aides, companions, and caregivers, this is a significant victory and could entitle them to recover thousands of dollars in unpaid back overtime wages. 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. If you have been paid a salary of less than $913 per week or $47,500 per year since December 1, 2016 and are not being paid overtime because you are classified as “exempt”, you should contact us to discuss your situation – it’s free and confidential. What Did the Rule Changes Consist Of? The big changes would increase the wage threshold for “white collar” employees to qualify as salaried exempt. Salary Overtime Laws | 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. The truth is, it’s just not that simple.
Merely being paid a salary does not automatically mean that your job does not qualify for overtime pay. Exempt or Non-Exempt? The first question that must be answered is whether your job should be classified as exempt or non-exempt from the overtime labor laws. *New rules increasing this salary amount were set to go into effect on 12/1/2016 but have been delayed by a lawsuit brought by several states. In answering part one, the question is not only the amount but also the structure. The job duties test varies based on the type of work being done. To use this method: Overtime Rules Change | 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. Judge Blocks New Overtime Rules from Taking Effect. On Tuesday, 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 is part of a pending case brought by 21 states, including Texas, Arizona, New Mexico, Ohio, Michigan, and others, asserting that the new rule is unlawful. The big question going forward is what will a Trump Department of Labor do? The Latest Update on When the New Overtime Rules for Salaried Employees Go into Effect.
Understanding Colorado Overtime; State Laws More Favorable to Workers | Understanding Overtime Pay. 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 The employer must pay the employee under whatever method would give the greatest payment of wages. While Colorado offers many favorable benefits to employees, Colorado has had its fair share of pay violations.
Like this: Like Loading... Understanding the Basics of Wage Laws | Understanding Overtime Pay. 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.
The most important provisions of the FLSA wage laws relate to: overtime compensation, minimum wage, child labor, recordkeeping and equal pay. All 50 states also have their own wage laws. Overtime Under the FLSA, overtime compensation is to be paid to hourly workers for hours worked over 40 in one week. Minimum Wage The FLSA also provides the minimum wage that most workers must be paid in all 50 states. Child Labor Many restrictions apply to the employment of workers under the age of 18. Recordkeeping Equal Pay Like this: Like Loading... Things You May Not Know About Overtime | Understanding Overtime Pay.
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. The law requires that most employees are paid at least the minimum wage, and time and a half for all hours worked over 40 hours in a week. However, there are exceptions in the act. Being a Salaried Employee Doesn’t Mean You Can’t Receive Overtime Many believe that salaried employees cannot receive overtime pay since they receive a set payment every pay period regardless of hours worked.
Even if overtime work was not granted by an employer, they must still pay the employee for the time worked. Like this: Like Loading... Understanding the New Overtime Laws for Salaried Employees | Understanding Overtime Pay. 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. The update to FLSA will mean that salaried employees who make up to $47,476 a year or $913 per week will be eligible for overtime pay. This might be a major increase in eligibility, but you have to remember that when you consider inflation, it is actually a little low. Responding to Changes in Hourly Wages Like this: Like Loading... 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. Therefore, these employees could potentially work many more hours than the regular 40, but not get compensated for it.
At the end of the day, hourly employees could make much more per hour than their managers. However, things are about to change. If you are a salaried employee, it's important to understand overtime laws to see whether or not you qualify for overtime pay. If you are one of those who will be affected by the change or believe that you're entitled to overtime pay, don't wait. Overtime Rules Change | New Federal Salaried Overtime Pay Laws. Overtime Pay Calculator | How To Calculate Overtime. Case Evaluation Form - Overtime-FLSA.com. Background Checks | FCRA. 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: After a Report is Obtained: State Law Protections. Don't Lose Your Claim | 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. It is important to understand how the statute of limitations for unpaid overtime claims works – and differs from the limitations for other types of claims (such as personal injury) that you may be familiar with that allow an injured party to wait until the last minute to file a lawsuit but still preserve the full value of their claim.
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. The bad news is that many workers who fill these jobs, that almost always demand putting in long hours, are being paid significantly less than what is required under federal and state overtime pay laws. While a few oil field service workers are now increasingly becoming aware of their overtime pay rights, in most cases, workers do not realize that their wage and hour rights are being violated – depriving them of additional pay and unjustly enriching their employers.
Increased awareness has been created by a number of overtime wage investigations and claims being brought against a variety of companies involved in the process of drilling for oil and gas, including: Day Rate Overtime. Labor Law FAQs. Overtime Rules.