3 Ways Employers Stiff Employees from Overtime Pay Allowed Under the FLSA – Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on April 5, 2013

Handshake and teamworkSince the Fair Labor Standard’s Act (FLSA) began protecting overtime pay, employers have increased their efforts to screw employees from pay owed.  Under the FLSA, an employee is entitled to overtime pay when he or she works more than 8 hours a day or 40 hours in a work week.  Overtime pay is calculated at 1.5 times the employee’s regular rate of pay.  Here are three ways that employers screw employees from overtime pay.

  1.  Classifying salaried employees as exempt.  Paying an employee a salary as opposed to an hourly wage does not mean the employee is exempt from overtime pay.  Whether an employee qualifies for overtime pay is determined by the work performed.  Job titles and job descriptions are not determinative factors.
  2. Docking employees for meal breaks when work is performed.  If an employee is entitled to take a meal break, the employer does not have to count the meal break as part of the hours worked.  However, if the employee works during the meal break, the meal break is part of the hours worked per day and per week.
  3. Denying overtime pay when overtime was not approved in advance.  The FLSA treats approved and non-approved overtime hours the same.  If the employee works the overtime, the employee must be paid overtime pay.

If you have an overtime pay claim that needs proper adjudication, call an experienced Los Angeles labor attorney today at Blumenthal, Nordrehaug & Bhowmik at (310) 981-3918.  Blumenthal, Nordrehaug & Bhowmik is a California employment law firm with offices located in San Diego, San Francisco and Los Angeles. The firm dedicates its practice to contingency fee employment law work for issues involving misclassification as a salaried worker exempt from overtime, failure to pay vacation wages, misclassification as an independent contractor, off-the-clock work, wrongful termination, discrimination and other California labor laws

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