Reports of Employers Violating FLSA Continue Los Angeles Wage & Hour Claims Attorneys Blumenthal, Nordrehaug & Bhowmik

by Norman B. Blumenthal on February 14, 2013

U.S. employers continue to violate the Fair Labor Standards Act (FLSA) regarding overtime pay.  Under the FLSA, an employer is required to pay overtime pay to non-exempt employees who work more than 40 hours in a work week, or more than 8 hours a day.  Even if an employee performs work in more than one position, the FLSA requires an employee to be paid overtime pay if the total hours worked at all positions exceed 40/week or 8/day.

In one recent scenario, a restaurant hired workers to work as kitchen assistants and wait staff.  Because no employee worked more than 40 hours a week as a kitchen assistant or wait staff, the restaurant did not pay the workers overtime pay when the total hours worked by an employee in both positions was more than 40 hours a week.  Each employee in this scenario was entitled to back pay of 1.5 times their regular pay rate for any hours worked over 40 per week.

Blumenthal, Nordrehaug & Bhowmik is an experienced 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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