Cleveland, TN Unpaid Overtime Lawyer
If you have worked more than 40 hours per week, whether it was mandated by your employer or you volunteered, if your employer did not pay you overtime at the federal rate, they may be in violation of federal law. Do not let your hard work go to waste. If you were not paid the overtime to which you were entitled, you need the services of an accomplished attorney. A Cleveland unpaid overtime lawyer can help you get the compensation you worked for and deserve.
Unpaid Overtime Laws
Under the federal Fair Labor Standards Act (FLSA), eligible workers must receive overtime pay at 1.5 times or time-and-a-half their regular wage rate if they work more than 40 hours per week.
This is regular overtime pay only, the FLSA does not cover premium overtime pay employers may promise for working holidays or weekends. Holiday and weekend hours are not considered overtime unless they are hours worked beyond the standard 40-hour week.
The FLSA requires employers to keep accurate records of employees’ hours worked. Under the FLSA, employers, except for government offices, are not permitted to offer workers comp time in lieu of overtime payments.
Salaried Employees Earning Overtime Pay in Cleveland
Just because an employee is salaried does not mean they are exempt from overtime pay laws in the state. Effective December 1st, 2016, those earning a salary of less than $913 per week or $47,476 annually qualify for overtime pay, except for police and fire department personnel and similar exempt employees/employers. This is a significant increase over the previous minimum salary requirements for overtime, which were set at $455 per week or $23,660 annually. Speak with a Cleveland unpaid overtime lawyer to learn more.
Who Does Not Qualify for Overtime Pay?
Not every type of employee qualifies for mandatory overtime pay under the FLSA. Those employees in the following positions are not covered under the FLSA regulations:
- Farmworkers
- Domestic servants who reside in the employer’s residence
- Motion picture theater employees
- Most truck drivers and certain transportation employees
- Seasonal workers
- Commissioned retail sales employees
- Teachers at elementary and secondary schools
- Certain computer-related jobs
Other types of employees are eligible for only partial overtime payments. These include employees of some bulk petroleum distributors, certain agricultural commodity employees, and employees without a high school diploma who may have to spend up to 10 hours weekly in remedial training.
Hospitals and residential care facilities may adopt agreements regarding 14-day work periods rather than the standard seven-day period. Such employees are then eligible for overtime payments if they work more than 80 hours in a 14-day period or more than eight hours per day.
Compensation Available for Unpaid Overtime
If an employer fails to properly compensate a worker for overtime pay, the worker may receive the overtime pay due as well as an equal amount in what is known as liquidated damages. The employee can also recover an amount for the fees of a Cleveland unpaid overtime lawyer in bringing the claim. The employer is subject to a fine of up to $10,000 if they deliberately withheld overtime. A second offense can mean jail time.
Ask a Cleveland Unpaid Overtime Attorney About a Claim
A dedicated attorney can carefully research an employee’s claim of unpaid overtime and the category of work in which they are engaged. In many cases, employers may try to categorize workers as salaried employees when that is not the case to avoid paying overtime.
If it appears they did not receive compensation for overtime, a Cleveland unpaid overtime lawyer can aggressively pursue a remedy. Since, the statute of limitations regarding overtime pay is just two years, it is crucial to contact an attorney as soon as possible. If you were not paid the overtime you earned, call a skilled attorney today and arrange a free initial consultation. They can review your case and advise you of your options.
