The Fair Labor Standards Act (FLSA) provides that overtime pay is required after 40 hours of work in one workweek. The rate of overtime pay cannot be less than one and one-half times the regular rate of pay.
What does this mean to you?
- If you earn $10.00 per hour, your employer must pay you $15.00 per hour for every hour you work over 40 hours in any one workweek.
- Each week begins a new workweek. A common mistake employers make, is counting hours over an entire pay period. For instance if you work 20 hours in week 1 and 60 hours in week 2, it is UNLAWFUL for your employer to average the hours over the pay period to avoid paying you overtime. Regardless of how many hours you worked in week 1, your employer MUST pay you for the 20 hours of overtime worked in week 2.
- You must be paid for every minute you work.
- Your employer does not have to pay you for breaks, but you are not on break if you are sitting at your desk working while you eat, and you must be paid for that time.
- If you are late to work, your employer does not have to pay you for the time you are not present. However, it is unlawful for your employer to “dock” your wages as a punishment for tardiness.
If you have ever worked even one minute without being paid for it, you may need to speak with an Experienced Employment Law Attorney.