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Overtime Law

Overtime Violations – Wage and Hour Disputes – Fair Labor Standards Act (FLSA)

Overtime violations are more common than you think. Most employees that work more than 40 hours in a week are entitled to 1½ times their normal rate of pay. Many salaried employees are also entitled to overtime. Some employers violate the law intentionally to avoid paying overtime while others fail to understand the extent of the law and violate it unknowingly. Either way, if your employer is breaking the law, you are entitled to compensation. Common violations include:

  • Paying you only a salary, regardless of the number of hours worked
  • Requiring you to perform certain task “off-the-clock” at the beginning or end of your shift
  • Deducting for meal breaks but still requiring you to perform tasks during your break
  • Employer does not keep accurate time records of your daily start times, stop times, and actual total hours worked each week
  • You are given the title of “Manager,” “Supervisor,” or “Foreman” but perform the same or similar job duties as other non-exempt workers on the job
  • Your tip pool is improperly divided with mangers or other employees that do not interact with customers
  • You are a tipped employee who is not being paid minimum wage
  • Your employer does not compensate you for time spent training, traveling for job purposes, work related overnight stays, travel on the weekends, travel between work sites, and work related duties performed while commuting to and from work
  • Providing “comp time” benefits in lieu of overtime wages
  • You are misclassified as an independent contractor
  • You are a commissioned employee who is considered non-exempt and entitled to minimum wage
  • You were paid the same hourly rate for overtime even though you are entitled to 1.5 times your original rate of pay
  • Your employer fails to compensate you for “on call” hours
  • Not calculating your overtime rate including any and all commissions and bonuses, as the law requires

If you feel that you were wronged by your employer then it is critical that you speak with us because you may be entitled to receive compensation. Please contact us today for a free consultation by calling (843) 588-5587 or emailing at info@mullaneylaw.net.