Many people work their entire lives taking unreasonable abuse from their employers simply because they do not understand their rights. The worst thing is that a lot of employers bank on the fact that workers will not do the research, will not get legal counsel and will basically take what they can get in order to keep receiving a paycheck. This article is not to be taken as legal advice, always make sure to talk to a Miami employment attorney in order to understand your legal options but here are a few things that you need to know about overtime so that you understand some of your rights.
If you feel like you may be taken advantage of by your boss, our team is ready to help in any way we can. Every case is different, our team of Miami employment attorneys at PereGonza The Attorneys, offers a free consultation to give you guidance and to explain the legal options available to you.
1) Your Overtime Rights Depend On Your Job Not Your Boss
Overtime pay is a right that you have which has been established by the federal government. The government has set overtime standards through the Fair Labor Standards Act, or FLSA. Your boss doesnt determine whether you get overtime pay or not, it is actually your job and the time you work that decides that through the FLSA regulations. Under the FLSA, employees MUST be paid minimum wage according to the standards established by law. Furthermore, in general, employees must be paid time and a half for all hours that exceed 40 hours worked in a week.
Except And Non Exempt Employees
Now, you must understand that there are certain exceptions that can exist as to the overtime requirements. One exception cold be our job type. Pursuant to section 13(a)(1), certain executive professional among other positions may not be covered. Entertainers, certain sales positions along with some tv and newspaper reporters to mention a few job types. However, there are many factors and specifics that can determine whether any particular job applies or not. In fact, sometimes, through litigation and representation, the exceptions may have exceptions as well.
Usually, Employees will primarily fall under two categories, those you are exempt from these protections and do not have the rights to overtime and those non exempt who actually have these rights by law. In order to be sure it is important to discuss your job and duties, along with your specific job title with a Miami employment attorney to know for sure. Our Miami employment attorneys at PereGonza The Attorneys are ready to help you understand your rights and particular classification.
2) Just Because Your Job Does Not “Authorize” Overtime Doesn’t Mean They Don’t Have to Pay You
If you are entitled to overtime pay under the FLSA and you work more than 40 hours you must be compensated. In fact, if your employer refuses to pay you for hours worked, this can be classified as wage theft in many cases. Many times, shady employers can commit wage theft by telling employees they are not entitled to overtime because their extra hours were not “approved” and will tell employees they are responsible for keeping track of not going over 40 hours. That is not how it goes, as a matter of fact, it is the employers responsibility in many cases to keep track of the hours and proper pay. This type of false claim to employees can be considered wage theft and may be illegal practices of the employer. It is important to consult with a Miami employment attorney if you suspect this may be happening to you.
To put it simple, any non-exempt employee, as determined by law, regardless of what the employer says, that works any time over 40 hours in a workweek, is legally entitled to time and a half for that time over 40 hours. Some employers can have policies as to the approval of hours every week and employees are expected to follow the internal company guidelines. If your jobs policy is one that states that you cannot work overtime without manager approval, your employer can take disciplinary action against you for violating that policy but they still have to pay you.
3) Just Because You Are On Salary Doesn’t Mean You Do Not Get Overtime Pay
Many times, employers have great intentions for their employees but just do not understand the law. Just because an employer sets a salary for an employee doesn’t mean the employee now has to work 60 hours a week at the set salary. That is actually a common misunderstanding that a lot of employers get wrong.
In fact, a simple salary does not determine whether you are entitled to overtime, that determination is actually based on the work responsibilities, income, and many factors required by law not how your employer decides to do his or her payroll. These factors are determined by law and a Miami employment attorney can help you go through the factors and determine whether you need to be compensated for overtime or not regardless of the fact you are a salaried employee. Employers who think that they can save money by classifying people as salaried and overworking them are wrong and may have serious consequences by law. Consult with one of our PereGonza employment attorneys today, we offer a free consultation and explain your rights as best we can and specific to your current situation.
4) Undocumented Workers May Be Entitled To Overtime Pay
There is almost nothing worst than people that try to take advantage of others when they know that they are in difficult situations. Unfortunately, illegal immigration has given rise to many employers that take advantage of undocumented workers legal status and exploit many workers, paying them slave like compensation for tremendous workloads in extreme working conditions. This is wrong and illegal.
In fact, In a 2008 federal Court Case, Galdames, et al. v. N & D Investment Corp., in Miami, a district judge determined that undocumented workers have the right to file court claims for overtime compensation under the FLSA just like a legal immigrant or a citizen of the United States would be able to claim these rights. Furthermore, in 1987 the Fifth Circuit Court of Appeals, held that immigrants have rights under the FLSA. In that actual case, the defendant requested information regarding citizenship and right to work in the US of the plaintiff workers who sued for overtime wages among other allegations and the Court denied their request stating that it was irrelevant. Many immigrants are hesitant to file suit because of their status but they deserve to be treated fairly and should not be afraid to seek justice.
Every situation is different and it is always important to consult with a Miami employment attorney to fully understand your rights and legal options. Our team of employment lawyers at PereGonza The Attorneys is ready to help you get justice.
5) Many Employment Attorneys Work On Contingency
Every case is different but in most cases many employment lawyers like our team of employment attorneys at PereGonza The Attorneys will help Clients that are owed overtime on a contingency fee bases, which means that they will not get paid if the Client does not receive compensation. There are also some instances where Employers may be held responsible for attorneys fees and costs depending on the claim and case. The important thing to understand is that if you feel you are being taken advantage of you have options and you should seek legal representation.
PereGonza The Attorneys can offer a free consultation and give you insight on what the best course of action for what your specific case may be. Fill out our personal intake form for more information.