Are you thinking of claiming some unpaid overtime your employer owes you? If you want to but are not quite sure whether or not you are entitled to do so, you may need to evaluate the situation a little bit further.
Are You Entitled to Claim Unpaid Overtime Pay?
To determine if you are entitled to claim overtime compensation, you may need to ask yourself these questions:
Have you worked or rendered work-related services for more than 40 hours in a week?
Under the Fair Labor Standards Act (FLSA), employees who are covered by the act should receive an overtime pay equivalent to 1.5 hours for every hour rendered in excess of the mandatory 40 hours.
Have your employer denied paying your overtime claims because you are receiving a flat rate salary or are acting as a manager or supervisor?
Well, unless you are regularly supervising two or more people, your employer is still required to pay your overtime claims, provided all the necessary requirements have been met.
Are you required to perform certain tasks before clocking in for the day, during breaks or after clocking out?
If you are, then your employer must pay you for the time rendered, whether or not the time is logged by a punch clock or a computer.
Did your employer deny paying you for the excess time rendered because you don't have a pre-approval notice?
The law states that an employer should pay for any overtime work if he allowed it. The absence of a pre-approval notice in such cases is no excuse for an employer to deny paying overtime compensation.
Have you been directed to work at home or have been informed to be on-call?
If so, then the number of hours you actually worked for under these conditions should be considered as part of your normal working hours and any excess should be credited as overtime work.
If you answered yes to any of these questions, you may need to consult a qualified employment lawyer to help you determine the merits of your case. Remember, if you are entitled to claim unpaid overtime compensation, you should assert your rights by doing so.
If you have any questions with regards to wages and overtime, call Remer & Georges-Pierre, PLLC at 305-416-5000 for a free consultation. You may also contact us via this online request form or through our Live Chat feature.
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