Federal law requires that most employees be paid 1 ½ times their regular rate of pay for all hours worked over 40 in a single workweek. If your current or past employer has failed to pay overtime in accordance with the law, you may be entitled to recover double your unpaid wages for the past 2 to 3 years.
You may have a claim if:
- You have worked 40+ hours per week and were not paid time-and-a-half, even if you are paid a “salary”, have the title of “Manager,” “Assistant Manager,” “Supervisor,” or “Foreman” but perform the same, or similar, job duties as other workers
- You work “off the clock”
- You participate in a tip pool and share tips with managers, kitchen staff, dishwashers, expeditors or others who don’t typically serve customers
Do any of these sound familiar?
- Paid a “flat salary but you are not really involved in management, supervision or decision making (common with Assistant Managers)
- You get “straight time” for hours worked over 40 per work week
- You are treated as an “independent contractor” but your employer directs and controls your work
- Overtime pay is denied because time was not approved in advance
- Your hours are averaged over 2 or more workweeks to determine overtime
- You are required to change into/out of a uniform or other specialized gear or perform other tasks before clocking in or after clocking out – working “off the clock”
- Bonuses, shift differential, commissions are not included in your overtime pay calculation
If you believe that you may have a claim or would like to get more information, please contact us for a free evaluation – online intake form or call 866-559-0400.
As there are important time limits that apply to any potential overtime claim you may have, you should act promptly to insure that your rights are protected.
