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Denial of Overtime

The Fair Labor Standards Act (FLSA) is the primary federal law establishing wage and hour standards for both public and private employers, including minimum wage and overtime pay requirements, recordkeeping obligations, and child labor restrictions.
Under the FLSA, most employers are required to pay non-exempt employees 150% of their regular hourly wage, also known as “time and a half,” when they work more than 40 hours in one workweek.
Unfortunately, many eligible employees do not receive the overtime pay they are entitled to—sometimes because of a mistake and sometimes not.  In the latter situation, employers often use creative methods to avoid paying the required overtime to non-exempt employees and commit wage theft. Some of the most common overtime violations include misclassification, failing to count all hours worked, and miscalculating pay rates.
For example, employers misclassify some employees as “exempt” from the overtime requirements when – based on their compensation and duties – they should be classified as “non-exempt”. Additionally, some employers classify employees as independent contractors when they should be in fact classified as employees.

 If you believe you have a potential denial of overtime claim, please contact us for an evaluation

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