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Overtime and Minimum Wage (FLSA)

Federal and state law mandates that employers pay their employees a minimum wage and overtime for hours worked over 40 hours a week. There are exceptions to overtime rules, but often times employers try to misuse those exceptions or trick employees into believing an exception applies. These types of claims commonly arise under the Fair Labor Standards Act (commonly referred to as "FLSA") and can be very complicated for a layperson to figure out. If you have suspicions about your wages, you should contact us immediately. There's no use sitting by idly wondering or worse yet falling prey to your employer's potential misrepresentations about your wages and what you are owed.

The FLSA is a burdensome statute to understand because it is very complex. In general, employees are entitled to time and a half for each hour they work above 40 hours in a workweek. There are exceptions to the rule, however. For example, executives, certain employees paid by salary, and various highly-compensated employees are not entitled to overtime pay.

And you may be entitled to overtime pay even if you are paid a salary. An employee's entitlement to overtime pay is not based on whether they are paid a salary alone.

When an employee brings a lawsuit based on unpaid overtime and wages and wins, he or she is entitled to an award of damages which may include:
  • what he or she should have been paid over the last two years (or three years in certain circumstances);
  • liquidated damages, or a doubling of what the employee should have been paid over the last two years (or three years in certain circumstances); and
  • attorneys' fees and costs.

Remedies may also include punitive damages where it can be shown that the employer retaliated against the employee for asserting rights under the FLSA.