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Wage and Hour Overtime Violations


A complex framework of federal and state statutes proscribe the standards for wages and overtime pay as they relate to most private and public sector employers in the United States. These laws, including the Fair Labor Standards Act (FLSA), require employers to pay covered employees who are not otherwise exempt the federal minimum wageand applicable overtime pay. While there are some differences between federal and state laws regarding who may come under the purview of a given statute, generally speaking, these laws apply to employers with employees who engage in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods or materials that have been moved in, or produced for, interstate commerce. In addition to some employers being exempt from both the minimum wage and overtime pay requirements, so too are some employees.

Concerning the issue of overtime, the FLSA states that if employer requires or permits an employee to work overtime, the employer must compensate the employee at a premium rate for all hours worked in excess of 40 hours in a given workweek. This provision of the FLSA regarding overtime pay can also apply to salaried employees under certain circumstances.

While most wage and hour claims have different factual underpinnings, some of the most common issues that arise in a wage and hour claim include: Misclassification of an employee as exempt from overtime laws; Illegal overtime calculation methods; Improper classification of an employee as an independent contractor; Failure to pay compensable time; and/or Failure to provide appropriate breaks.

It can be extremely difficult and frustrating to recover wages and/or overtime pay from an employer who has failed to properly compensate you. This is because rarely, if ever, will an employer be open with an employee about that their wage and overtime pay practices. It is for this reason that the benefit of having a skilled and knowledgeable employment law attorney cannot be overstated in these types of situations. If you believe your employer has engaged in unlawful wage and hour or overtime practices, please contact the attorneys of Copley, Roth & Davies for a free initial consultation.



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