Overtime Wage Law

Rose & Rose, P.C. represents individuals and groups of employees who have been unlawfully denied their rights to receive minimum wages and overtime pay.

While some states provide greater wage and hour protections for employees, the federal wage and hour law, the Fair Labor Standards Act (FLSA) applies throughout the country. The FLSA establishes minimum wages, overtime pay, record keeping, and child labor standards for almost all workers.

Minimum Wage: Since September 1, 1997, the FLSA has required covered employers to pay covered employees a minimum wage of not less than $5.15 an hour. If a state has a higher minimum wage, then the FLSA requires that the higher state minimum wage be paid. For example, employees the firm represents in California have a claim that they should be paid at least $6.75 an hour, which is California's minimum wage.

Employees who earn at least $30 a month in tips are considered “tipped employees”. Under the FLSA, an employer may consider the tips as part of an employee's wages, but the employer must pay a direct wage of at least $2.13 per hour if they claim a tip credit. Certain other requirements must also be met.

Overtime: The FLSA requires that covered employees be paid not less than one and one-half times their regular rate(s) of pay for all hours worked in excess of 40 in a workweek. The law does not restrict the number of hours in a day or days in a week an employee (over 16) may be required or scheduled to work.

Laws requiring the payment of overtime for all hours worked over 8 per day or that double time be paid for certain other hours vary by state.

Remedies: The FLSA provides that employees who successfully prove their claims can receive the amount of their unpaid minimum wages or overtime, up to an equal additional amount in liquidated damages (subject to certain defenses), and have reasonable attorney's fees paid by the defendant employer.

Time Limit for Filing: The law has a general two-year statute of limitations, meaning that employees who file a lawsuit to recover their unpaid minimum wages or overtime must do so within two years of working the underpaid or unpaid hours. In some cases, a three-year statute of limitations may be applicable.

Collective/Class Action Potential: The FLSA provides that an employee may sue on his or her own behalf and on behalf of other employees who are similarly situated. The size of a case can thus range from one member to several thousand members.

Minimum Wage/Overtime Exemptions: Some employees are exempt (meaning they do not have to be paid either minimum wages or overtime) from the FLSA. Executive, administrative, and professional employees, outside sales employees, and certain computer professionals are exempt from both the minimum wage and overtime pay requirements. Other employees, such as some commissioned employees, railroad and air carrier employees, taxi drivers, domestic service workers, and farm workers, are exempt from just the overtime pay requirements of the law.

Working Off the Clock: Several cases involve employees working for their employers, but not receiving pay for those hours because the employer classifies those hours as “noncompensable.” We are currently raising the issue of whether “wait time” is compensable in Main, et al. v. Advantage Ground Transportation Corp., (Central District of California, Judge Carter) . We filed the Main lawsuit we filed on behalf of charter vehicle drivers unfairly denied overtime pay.

Rose & Rose, P.C. can help you determine what kind of wage and hour claim you may have against your employer. For example, many cases involve the misclassification of a non-exempt worker as a salaried, exempt worker.