legal remedies for denied overtime

I’ve had Wages Withheld. What Now?

Published on: November 1, 2019 | by Martin & Martin, LLP

Now that we’ve established the general mechanics of how you accrue overtime, you might have gone back to look at your previous paystubs and noticed that you haven’t been paid the overtime that you were due as an hourly worker. The Fair Labor Standards Act and subsequent legal precedent accounted for such circumstances where employers withhold wages that hourly employees rightfully earned, and you can’t be fired for taking the steps to remedy your situation. Your options include:

Talk to your employer: This may seem like an obvious answer, but the first thing you should do if you think overtime wages have been withheld from you is to talk to your employer to make sure it wasn’t a mistake that they’d be inclined to resolve without outside intervention.
File a Complaint with an Administrative Agency: So talking to your employer didn’t work out. The next step is to file a complaint with some administrative agency (Ie. The Department of Labor or its equivalent in your State). Most agencies require a written complaint, after which they’ll start an investigation to figure out if overtime rules were violated and seek a remedy on the behalf of both the employee and the employer. Generally, you’ll receive back pay for any withheld wages, however….

How Do You Accrue Overtime in a Workweek?

Published on: October 28, 2019 | by Martin & Martin, LLP

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Photo by Erwan Hesry on Unsplash

With the holidays around the corner, many hourly workers are thinking about picking up extra shifts to supplement their normal income to pay for the festivities of the holiday season. Before you do that, especially if you’re a part-time worker, here’s how those hours in a workweek work.

The Fair Labor Standards Act requires that both private and federal employers in the United States pay hourly workers overtime at a minimum of 1.5x’s the normal hourly rate for any hours worked past forty in a workweek. While that workweek does have to have seven days, it does not have to match up to the standard Calendar week. For purposes of knowing if you, as an hourly worker, are supposed to receive overtime, it is important to know from what days your job’s workweek runs.

The Fair Labor Standards Act: What is it and Why does it Matter to You?

Published on: October 14, 2019 | by Martin & Martin, LLP

The Fair Labor Standards Act (FLSA) regulates the labor practices of both private and federal employers in the United States. It was enacted to ensure that U.S. employers kept a fair and safe work environment for employees.

Included in this act are the bare minimum requirements for how employers must pay their employees. Those requirements include overtime pay for employees who have worked more than forty hours in a workweek.

The FLSA requires that hourly workers be paid overtime of, at minimum, 1.5x’s the normal hourly rate of their job. That means that even if you’re a minimum-wage worker ($7.25 per hour at the time of this writing), you’re entitled to at least 1.5x’s that rate ($10.875) for every hour that you work over forty hours.