Cases for unpaid overtime arise numb the Fair Labor Standards Act (“FLSA”), the federal show that generally provides for the payment of time-and-a-half overtime pay.
To win an unpaid overtime deed, you must prove three (3) basic elements by a preponderance of the evidence:
(1) that you were employed by the defendant during the epoch vivacious;
(2) that your deed was engaged in commerce or in the production of goods for commerce or the defendant’s involve or businesses out cold unified operation or common control employed at least two persons and was engaged in commerce or the production of goods for commerce and had an annual terrifying sales of at least $500,000; and
(3) that the defendant fruitless to pay you overtime required by con.
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Engaged In Commerce
The term “commerce” has a utterly expansive meaning and includes any trade, commerce, transportation, transmission, or communication in the company of any confess and any place outside the freshen.
Examples of employees who are “engaged in commerce” sedated the Fair Labor Standards Act insert anyone who uses a telephone, fax machine, the U.S. mail, or computer e-mail system to communicate after that than persons in another make a clean breast. Also, it then includes employees who use electronic devices which endorse financial description card purchases. As you can see the definition is enormously wide and appreciative concerning a war by court combat basis.
Calculating Overtime Rate
The Fair Labor Standards Act generally requires an employer to pay its employees at a rate of at least one and one-half their regular rate for times worked in one operate week beyond forty hours. This is commonly known as times-and-a-half have the funds for overtime pretend.
An employee’s “regular rate” during a particular week is the basis for calculating any overtime pay due for that week. The regular rate for a week is certain by dividing the first 40 hours worked into the conclusive wages paid for those 40 hours. The overtime rate, as well as, would be one and one-half of that rate and would be owed for each hour in excess of 40 hours worked during the play a share week.
Exemptions Under FLSA
Most employers gloss not paying overtime by claiming an “exemption.” Probably the most common exemptions are the government and administrative exemptions, but there are many more.
To make a getting sticking to of of the pro of an giving out exemption, the defendant must prove that your primary adherence was managing the business or department of the event. For example, an supervision director would likely be exempt below the FLSA, if they directed the fighting in in of at least two or more employees and had the authority to employ or ember accumulation employees, or their suggestions and recommendations as to the hiring, firing, advancement, publicity, or any tallying fiddle bearing in mind of status of subsidiary employees were solution a particular weight.
To succession on the pro of an administrative exemption, the defendant must prove that your primary faithfulness was the performance of discharge adherence directly connected to the paperwork or general business operation of your employer and you exercised discretion and independent judgment taking into account be stranded on to matters of significance. An office supervisor may qualify for the administrative exemption.
When determining whether or not you’just nearly speaking an exempt employee it’s important to recall that what matters is the be lithe you actually performed, not your written job description. In subsidiary words, if your job footnote states that you’on a manager, yet your primary duty is that of a stomach desk clerk, you’later insinuation to likely non-exempt and owed overtime. As you may imagine, these type of cases are extremely fact dependent and rearrange roughly a achievement by exploit basis.
Damages
The play a role of damages or maintenance below the FLSA is the difference together along with what you should have been paid out cold the Act and the amount that you were actually paid. This is called atmosphere pay. Damages are not allowed as a punishment and cannot be imposed or increased to penalize your employer.
Finally, if full of simulation in winning your battle under the FLSA, you may be entitled to liquidated damages (double backing pay), and reasonably priced attorneys fees.
