Are there any laws covering an employer’s obligation to pay overtime?
The U.S. Congress passed the Fair Labor Standards Act in 1938 to enforce what were deemed to be certain fair standards of labor practice. The FLSA established the first national minimum wage, guaranteed overtime pay for certain work, and limited the uses of child labor. The act was passed as part of a general package of reforms proposed by US President Franklin Roosevelt, as a part of his “New Deal” program.
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
According to the FLSA, covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.
The Fair Labor Standards Act set overtime as any time worked in excess of 40 hours a week. The creators of this measure hoped it would reduce the high unemployment of the Great Depression, as employers would prefer to bring in new labor rather than pay for overtime. Overtime pay is still standard today. According to the law, employers are required to pay workers time and a half for these hours.
Many lawsuits have been launched and successfully carried out on employers who failed to live up to the standards set by the Fair Labor Standards Act. Many employers have attempted to get around overtime rules. As well, many employers have sought to keep workers off the books to avoid having to compensate employees fairly. Do you think you have been a victim of overtime violations? If so, you need to speak with an experienced attorney to see if your job falls under one of the allowed exceptions. Call the Law Office of Dan Newlin and Partners at (407) 888-8000. Our firm is aggressive and knowledgeable attorneys who can help you get all the wages that you are entitled to. One free call can put you on the road to receiving all the compensation you are entitled to Call now, the call is free. We would be honored to help you.