Richmond Overtime Violation Lawyer
Employers and employees alike can be mistaken when it comes to overtime regulations. For instance, many salaried workers believe that they are not entitled to receive overtime. However, in many cases, salaried employees should be paid time and a half for many of their working hours.
If you believe your boss has violated wage and hour laws, you should reach out to the Spiggle Law Firm and speak with an experienced wage and hour attorney to learn more about your rights and how to protect them. A diligent Richmond overtime violation lawyer could help you recover unpaid wages through litigation brought against your employer.
Violations of Overtime Provisions
Business owners who do not know which employers are entitled to receive overtime pay may unknowingly violate wage requirements. Other employers purposely try to circumvent the law and hope that their violations will not be noticed. In either case, employees lose out on salary which they have rightfully earned.
Examples of overtime violations include:
- Misclassifying employees as exempt
- Paying workers as independent contractors
- Requiring employees to work before or after their shifts
- Illegally providing “comp” time in place of overtime
- Keeping poor records that do not reflect overtime hours worked
- Changing the workweek so that an employee’s hour totals are lower
It is imperative to understand your rights to make sure you receive the full amount of pay you are entitled to under the law.
When to Pay Overtime
The federal Fair Labor Standards Act (FLSA) and accompanying regulations set the standards for overtime pay requirements. The FLSA specifies that employees who work at least 40 hours per week should be paid no less than one and one-half times the regular rate for hours worked over 40. Employers are not required to pay a higher rate for evenings, weekends, or holidays.
There are many types of employment which are exempt from the FLSA’s overtime protections. However, new interpretations of the law reveal that many employees previously considered to be exempt should actually be receiving overtime pay. A seasoned Richmond overtime violation attorney could review your circumstances to determine whether you qualify for overtime rates.
Overtime for Salaried Employees
Calculating the rate an hourly employee should receive is simple, but determining overtime for an employee paid an annual salary can be more challenging. In many cases, a salary is divided into weekly pay to determine overtime rates. Business owners are also required to include bonuses when determining the average rate of pay for a salaried worker.
Once their hourly rate is established, an employee would be paid at one and half times that rate for the number of hours they work over 40. A dedicated overtime violation lawyer in Richmond could investigate your employment and determine whether your boss should be paying you at an increased rate.
Consult a Richmond Overtime Violation Attorney Today
Many professionals, executives, computer employees, salespeople, and administrative workers are exempt from overtime protections outlined by the FLSA. However, the government has established specific criteria that must be met before an employer may decline to pay overtime. A Richmond overtime violation lawyer could review the circumstances related to your job to determine whether you have been unfairly denied overtime pay. To schedule a free consultation, call now.