Unpaid Overtime and Wages

An Overview

Employees who are not otherwise exempt are entitled to overtime for each hour that they work in excess of 40 hours in a workweek. Overtime is calculated at the rate of one and one-half (1.5) times their regular rate of pay. For example if you are paid $10.00 per hour and work 50 hours in a given workweek you would be entitled to be paid 40 hours at $10.00 per hour or $400.00 regular pay and 10 hours at $15.00 per hour or $150.00 overtime for a total of $550.00. Each workweek is discreet and must be considered separately for the purpose of calculating overtime pay.

Many employers do not properly pay their eligible employees overtime. Sometimes they improperly characterize an employee as an "exempt manager" and pay that employee a salary. In order to be an "exempt manager" you must manage at least two full time employees (or 80 hours per week of part time staff). Other times employers engage in a variety of practices that violate the law regarding overtime pay. For example if your employer engages in any of the practices listed below you may be eligible for overtime pay:

  • You are paid a "salary" each week regardless of the number of hours that you work and your job does not require that you manage other employees or engage in any supervisory activities in the business;
  • You are required to travel from customer to customer as part of your daily activities but you are not paid for any portion of the travel time;
  • You are required to clock out at a particular time but the employer requires that you continue to work even after you clock out;
  • You are required to work through lunch while eating at your desk and your employer deducts an hour for lunch each day;
  • You are characterized as an "Independent Contractor" and paid a flat rate regardless of whether you work in excess of 40 hours per week when you are really an employee under the law.
  • You are required to use a time clock but the hours reflected on your pay check do not match the number of hours that you work each week as reflected in the time records;
  • Your employer fails to keep accurate records as to the number of hours that you work and consistently shorts you with regard to both regular wages and overtime;

If you find that you fall within any of these categories you may be entitled to overtime and/or wages.