Overtime Claims

Employed workers who perform their job are always eligible for a certain number of benefits and legal protections, but these employee rights are not always followed or practiced by many companies. Among the most overlooked and neglected employee rights is overtime pay. Overtime pay refers to the additional amount of salary given to employees (who have an hourly-rate) that have worked more than the necessary 40-hour work week.

Conforming to the Federal law regarding overtime pay, the law firm Habush Habush & Rottier S.C. ® affirms that those who are covered by the overtime provisions should receive overtime pay on a rate of not lower than time and a half of their regular pay rates. Failing to provide from these overtime pay can put a company in legal trouble.

If an employee’s right for overtime pay is held back by the company, then that employee can file for an overtime claim. Those who qualify for overtime pay are those who are employed as nonexempt employees, or those who earn less than $455 a week or whose job descriptions does not qualify them for exempt positions according to employment laws. To be sure if you are qualified, ask an employment attorney, who can also assist you in filing for an overtime claim.

Overtime pay is under the Fair Labor Standards Acts (FLSA) of 1938, which sets the guidelines for standard on the number of hours employees are required to work, the minimum pay, as well as regulate the labor and employment relationship. Since its amendment, various revisions had been made addressing the numerous issues employees are facing, including racial and gender discrimination. Aside from the FLSA, any discrepancies or clarifications regarding compensable time can be argued using the portal-to-Portal Act.

While not everyone is qualified for overtime pay, people who are qualified can have these extra provisions as financial security that can help their families. If you have worked more than 40 hours and didn’t receive just compensation, you should take action as soon as possible. Those who wish to file for overtime claims should do so within two years otherwise claims for overtime pay will be void. This is regardless of whether you are still employed with the company or have been terminated. Make sure to talk with your employment lawyer in order to have necessary information and evidence that can prove your claims.

Learn More