What Rights Do You Have Under the FLSA? Understanding Overtime Rules

1. What Rights Do You Have Under the FLSA? Understanding Overtime Rules Table of Contents for Specific Topics 1. What is the FLSA? 2. Overtime Basics Under the FLSA 3. Who Qualifies for Overtime Pay? 4. Common Employer Violations of Overtime Laws 5. How the FLSA Saves You from Abuse 6. What Can I Do If My Overtime Rights Are Violated a. Conclusion 7. Free Consultation You expect to be compensated fairly for every penny of hard work. But many employers, wittingly or not, flout wage laws made for American working people. The Fair Labor Standards Act (FLSA) is a key federal statute that regulates minimum wage, overtime pay, and hours of

2. work for millions of employees nationwide. If your employer fails to pay you for all hours worked, that means your right is violated, and there can be compensation to recover those lost wages. This guide will give you an overview of the FLSA, who gets overtime, violations by employers, and what to do if your rights are violated. If you live in California and have reason to believe that you are being underpaid, then your best first step toward justice is to contact an experienced unpaid overtime lawyer in Los Angeles, where people know the law. What is the FLSA? The Fair Labor Standards Act, enacted in 1938, is a federal law administered by the U.S. Department of Labor. It establishes minimum wage standards, dictates who is entitled to overtime pay, and puts limits on the employment of minors. The FLSA applies to most private employers and public agencies and covers both hourly and certain salaried staff. One of the most important provisions of the FLSA is its overtime rule. It provides that some employees are entitled to compensation at one and one-half times their normal hourly rate for all hours worked beyond 40 in a workweek. Overtime Basics Under the FLSA According to the FLSA: ● Overtime pay must be paid to non-exempt employees who work over 40 hours in a given workweek. ● The rate must be no less than one and a half times the employee’s regular pay. ● A “workweek” is any fixed and recurring period of 168 hours (seven consecutive 24-hour periods). ● Employers aren’t allowed to average an employee’s hours over two or more weeks to avoid paying overtime. There exists a matter note that is also a California state overtime law, and its decree differs from the FLSA in ways favorable to staff. Examples of these differences include overtime pay after 8 hours on a single day, or twice regular wages per hour when you work more than 12 hours in one day. Who Qualifies for Overtime Pay? Not everyone falls under the domain of overtime as defined by the FLSA. Generally speaking, there would be two classes of workers:

3. ● Non-Exempt Employees: This group is eligible for overtime pay. Hourly workers are part of it, as are those who do not qualify for the higher federal salary threshold. ● Exempt Employees: This group is not eligible for overtime pay. They are engaged in executive, administrative, or professional work primarily and receive an annual salary (hence the name) that is above the federal minimum expressed as an annual income. Misclassifying workers as exempt is a common technique employers use to circumvent their obligations. If you have been mislabeled “exempt”- regardless of whether this was done knowingly or out of ignorance – it is advisable to consult with an unpaid overtime attorney to discuss your options for claiming what you are owed. Common Employer Violations of Overtime Laws Employers often break wage and hour rules; sometimes subtly, sometimes flagrantly. Common abuses include: ● Improperly Classifying Employees as Exempt: By misclassifying employees, employers can often justify not paying them overtime. ● Failing to Keep Accurate Records of Work Time: Employers are supposed to keep accurate records of hours worked by employees. ● Off-the-Clock Work: Employees who are required to do work before or after the scheduled time-clock reporting systems should be paid for that time. ● Not Paying For Breaks or Travel Time that are Intrinsic to the Job: Among other things, breaks that are part of the job and required travel time must be compensated. ● “Saving” Overtime After a Heavy Workweek: Employers sometimes average hours worked over two weeks to avoid paying substantial overtime for a high-hour week. If your paycheck doesn’t seem to reflect the hours you’ve worked, it may be worth investigating a claim under the FLSA. How the FLSA Saves You from Abuse The FLSA has many provisions that protect workers from being taken advantage of: ● Guaranteed Right to Overtime Pay: Staff who work more than 40 hours a week must receive remuneration of at least 1.5 times their normal hourly wage. ● Recordkeeping Requirements: Employers must retain an accurate record of each worker’s hours worked and the amount paid. ● Anti-Retaliation Clause: Your employers cannot dismiss you, downgrade your position, or intimidate you simply because you have complained about your wages or employment conditions.

4. ● Back Pay and Liquidated Damages: If an employer has violated the law on FLSA, you may receive your lost wages back together with an equal amount in “liquidated damages.” These protections are particularly important in industries where wage theft is prevalent, such as retail trade, services, construction, and healthcare. It is also common for women and young people to be the victims of wage theft. What Can I Do If My Overtime Rights Are Violated If you believe your employer has broken the Fair Labor Standards Act: ● Document Everything: You should keep records of all your hours worked, pay stubs, and every other piece of communication with your employer. ● Report the Violation: You have the right to complain to the U.S. Department of Labor’s Wage and Hour Division. ● Consult a Lawyer: An unpaid overtime attorney will be able to appraise your case and file claims, besides appearing on your behalf to help recover what is owed. FLSA claims are subject to a statute of limitations. Normally, this is two years, but it can be as long as three years in cases where the violation was intentional. Conclusion It’s important to understand your rights under the Fair Labor Standards Act if you want to make sure you get a fair day’s pay for a fair day’s work. After all, violations of the law are all too common today, and often, employers rely on people not knowing their rights or being too scared to speak up. If you suspect your employer is violating overtime laws, don’t go it alone. Contact a reputable unpaid overtime lawyer in Los Angeles today for guidance and representation. You deserve to be paid for all hours worked by law, and that law is on your side.