"A fair day's wage for a fair day's work: it is as just a demand as governed men ever made of governing. It is the everlasting right of man." Thomas Carlyle, Scottish Author and Philosopher

"If a man or a woman puts in an honest day's work, they should be able to earn a living wage." Richard J. Codey, Politician

"It is but equity...that they who feed, clothe and lodge the whole body of the people, should have such a share of the produce of their own labor as to be themselves tolerably well fed, clothed and lodged." Adam Smith, The Wealth of Nations, 1776

"Wages are determined by the bitter struggle between capitalist and worker." Karl Marx, German political and economic philosopher

Overtime Wages Owed?

“Honest Wages for an Honest Day’s Work!”

Does your employer owe you overtime pay?

General

Compensatory (“Comp”) Time

Alternative Workweek/Part-time Employees

Are you covered by the federal wage Law?

Does your employer owe you wages?

Do you believe you have a wage and hour claim?


General

The Fair Labor Standards Act (“FLSA” or Act) generally requires that non-exempt employees working more than 40 hours a week be compensated at a rate of one-and-a half times their regular rate of pay for any hours exceeding 40 in the workweek. An employer is not allowed to average an employee’s work hours during a workweek over a two or more week period. 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. Overtime payments need not be made to exempt or non-covered workers; only to covered employees.

Employer and Employees cannot agree to waive overtime Pay. The FLSA overtime requirement may not be waived by agreement between the employer and an employee. An agreement that only 8 hours a day or only 40 hours a week will be counted as working time also fails the test of FLSA compliance if the employee works more than these agreed upon hours during a workweek. Anytime, an employer requires or permits an employee to work overtime, they are than generally required to pay the employee additional pay for overtime work. Also, an announcement by your employer that no overtime work will be permitted, or that overtime work will not be paid for unless authorized in advance, will generally also not prevent your employer from owing you overtime pay.

The FLSA does not limit the number of hours that an employee may work, either daily or weekly. 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 preclude an employer from having employees work on Saturdays, Sundays, holidays, or regular days of rest. As stated above, the maximum hours standard is usually 40 hours in a workweek; however, different maximum hours standards apply to certain types of employment.

Furthermore, the FLSA generally does not require that an employee be paid overtime compensation for working more than eight hours per day on any one given particular day, or for work on Saturdays, Sundays, holidays or regular days of rest, as long as the maximum hours standard (usually 40 hours) are not exceeded. Also, the FLSA does not supersede any state or local wage laws that are more favorable to the employee. Thus, employers have to abide by the laws of their state governing this area if such laws are more generous to employees.

Compensatory (“Comp”) time off

In the private sector, compensatory (aka “comp”) time off work in lieu of cash overtime is not permitted. However, other employees, including exempt employees and workers in the private sector, may be eligible for other forms of time-off designed to compensate them for extra hours worked. The private sector must pay non-exempt employees for overtime hours they worked. There are also special schedules that can be used by hospitals, some medical providers and by public employers of police, firefighters and other similar employee groups. However, comp time is primarily available to public-sector, nonexempt employees and not for private sector employees.

For public sector employees, the FLSA provides an element of flexibility for state and local government employers, and choices for their employees regarding compensation for statutory overtime hours. The law authorizes public employers to provide compensatory time off in lieu of monetary overtime compensation to all workers who are due overtime pay. The rate of comp time provided must be not less than one and one-half hours of compensatory time for each hour of overtime worked. Further, there must be a comp time agreement or understanding between the public employer and its employees.

Comp Time for Exempt Employees

If an employee is not covered by the FLSA or is exempt from its overtime provisions, then any kind of comp time agreement the employer and employee wish to reach would be permissible in either the public or private sector, so long as it does not affect the salary basis method of compensation.

Alternative Work Schedules and Part-time Employees
Many employees work only a part-time work schedule (for example, 15 to 20 hours per week). Other employees who ostensibly work full-lime may work, for example, 35 or 37 hour workweeks. In all such instances, overtime premiums at time and one-half pay under the FLSA need not be paid to employees until they work in excess of 40 hours in a workweek.

Similarly treated are part-time employees who are not entitled to an overtime premium until they work at least 40 hours in a workweek. An employer who requires or permits an employee to work overtime is generally required to pay the employee additional pay for overtime work.


Are you covered by the federal wage Law?

For starters, to determine if you maybe covered by the Fair Labor Standard Act, you are encouraged to take the three minute "Step 1: Wage Law Test" found on the upper right-hand side of this webpage.


Does your employer owe you wages?

To determine if your employer may owe you wages under the Fair Labor Standard Act, take the two minute "Step 2: Wage Owed Test" found on the upper right-hand side of this webpage.


Do you believe you have a wage and hour claim?

If you believe that your existing or former employer may have violated your legal rights as an employee by failing to pay you "honest wages for an honest day's work" please feel free to contact the law firm of JonesSatreWeimer for a free consultation (Need a lawyer?).