“It was the labor movement that helped secure so much of what we take for granted today. The 40-hour work week, the minimum wage, family leave, health insurance, Social Security, Medicare, retirement plans. The cornerstones of the middle-class security all bear the union label.” – Barack Obama
As stated by the former US President Barack Obama, it is the federal right of citizens to get minimum wages and other work benefits from their employers. And if you work more than forty hours a week, you are entitled to the rightful overtime pay.
If you have been robbed of your rightful wages and refused pay by your employer, then settle the wage dispute over the unpaid wages with overtime lawyers who are proficient in this field. Your employer refusing to pay your wages is a violation of the overtime law and it is common ground for a lawsuit.
COMMON VIOLATIONS BY EMPLOYERS:
There are other violations that employers commonly breach, including
- Failure to pay wages in time
- Failure to pay overtime
- Breach of contract
- Failure to pay minimum wages
THE FAIR LABOR STANDARDS ACT:
The Fair Labor Standards Act is the law governing the wages of the US employees. Every employee working for an organization deserves his/her rightful compensation. And the pay should not be less than the minimum wage line as decreed by the wage law set by the government.
The non-exempt individuals should be paid one and half the normal rate they are paid for every hour worked as overtime. Working over forty hours a week or eight hours a day is constituted as overtime.
Sometimes, the employers classify the employees as independent contractors in order to avoid paying them overtime pay. Employers are not required to pay independent contractors many benefits, such as minimum wages, worker’s compensation benefits, family medical leave, and overtime pay.
The employees wrongfully categorized as independent contractors are robbed of all these privileges that are enjoyed by the employees of the organization.
The labor laws are complicated and an unpaid wage lawyer can help a lot by taking your case to the court and getting you a fair compensation. He/she can suggest you the best way to tackle the situation and explain more about labor laws.
CALCULATION OF OVERTIME PAY:
Calculation of overtime pay refers to the amount that is calculated by multiplying the normal pay by 1.5. The normal wages are the flat pay rate including the benefits which can be – travel expense, medical expense or the bonuses.
There is no room for misinterpretation in overtime pay and should be paid even when employees are not aware of the Labor Laws. In addition, if an employee gets fired or penalized by his/her employer for bringing up the issue of unpaid pay, then a claim can be filed to get their position reinstated.
The overtime law allows a wronged employee to sue his employer for the amount that is owed by them. If an employee is successful in winning the lawsuit, he/she can get double the amount they are owed by the employer.
Exempt employee is, basically, excluded from the minimum wage and other protections given to non-exempt workers. Exempt employees are paid salary instead of receiving pay on an hourly basis.
CATEGORIES OF EXEMPTIONS:
There are three classifications of exempt employees under the FLSA Act:
Exempt employees are determined by the task they perform regardless of their job title. If you don’t fall in the categories of exemptions by the FLSA Act, then it is your right to take legal help and get rightful compensation for yourself.