Fair Labor Standards Act: Your Title To Rightful Pay
Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for time worked in excess of forty (40) hours per workweek of at least one and a half (1.5) times their regular rates of pay. An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work even if the employee is paid a salary.
However, some employees and employers are exempt from the overtime pay provisions of the FLSA. Exemptions are few and are narrowly construed against the employer asserting them. The U.S. Department of Labor cautions employers to always examine the specific language of the asserted exemption in light of the employee’s actual duties before assuming that the exemption is applicable to the employee. The employer, not the employee, has the burden of proving that the exemption applies.
Importantly, employers and employees may not agree to forego the payment of overtime wages, as the overtime requirement may not be waived by agreement. Simply put, if a non-exempt employee works more than 40 hours in a workweek, they are entitled to overtime pay, regardless if the employer
· directs or makes an agreement with employees to only work forty (40) hours per week;
· announces that no overtime work will be permitted; or
· that overtime work will not be paid for unless authorized in advance.
None of these agreements or policies impair the employee’s right to compensation for compensable overtime hours that are worked.
Additionally, some states such as New York, Nevada, and California have their overtime and minimum wage regulations under which employees may be compensated.
If you believe that you have not been properly compensated for your hours worked in the past three (3) years, contact the attorneys at Perdue & Kidd to discuss and evaluate your rights as an employee to wages owed to you.