Tom McCutcheon – Attorney at Law
Q: I am required to work over 40 hours a week but my employer will not pay me overtime. What can I do?
Jennifer
Russellville, AL
A: We like to handle these cases. They fall under the Fair Labor Standards Act (FLSA). The penalties for employers who violate the FLSA are expensive and these are good cases for a personal injury firm, like ours, to handle.
Realistically though, you can find the Wage and Hour Division the Federal Government on the internet. Locally there is a field office in Florence and the telephone number is 256-764-1673. If you have questions, they will actually investigate the claim and often resolve it for you.
Remember that certain employees are not entitled to overtime. Employees that are management and salaried may not be entitled to overtime pay. Certain types of nurses, other professionals, outside sales people and independent contractors are probably not entitled to overtime pay. I don’t know what your job is, so your employer may be correct in categorizing your work as work that not subject to overtime pay.
On the other hand, there are other many ways to violate the act such as failing to pay an employee for work assigned to be done at home or failing to pay the proper overtime rate. Sometimes employees are not paid for time spent traveling between jobs, or they are characterized as an administrator or manager when really they don’t have any authority to make decisions, administrate or manage. All of these examples violate the law.
Another area where employers can violate the FSLA is by requiring employees to work off the clock. This would include attending mandatory training sessions or meetings. It would include time spent changing into a uniform or going through security or putting on protective gear.
It is the job requirements that determine whether or not an employee is exempt from overtime pay, not the title. A violation of the FSLA may cause the employer to be liable for all back pay and other damages such as “treble damages” which is three times the amount originally due to be paid.
Buckle up and drive safely.
2210 Helton Drive
Florence, Alabama 35630
256.764.0112
