“Injustice anywhere is a threat to justice everywhere.”

- Martin Luther King’s Letter from a Birmingham Jail

Wendy Musell, of Stewart and Musell in San Francisco, is an outstanding and distinguished attorney. She is forthright, principled and highly skilled. Ms. Musell was unwavering and relentless in pursuit of equity and justice for me. She was totally committed to my case, in command of every aspect and detail, and she will not be intimidated. She completely understands employment troubles that ...

Are You Entitled to Overtime Pay?

Typically, overtime is attributed to any time an employee works over 40 hours a week. In the past few years, lawsuits have erupted against employers for not paying out overtime dues. For the most part, employers and employees alike are unaware of the laws surrounding overtime. However, not every person is entitled to overtime pay, making determining exactly who is eligible confusing.

The Fair Labor Standards Act (FLSA) mandates that employees must receive time and a half for any work that exceeds 40 hours in a week.

Depending on if the employer falls under FLSA or not, these occupations will receive overtime:

  • Manual laborers
  • Police officer and fire fighters
  • Paramedics
  • Nurses
  • Paralegals

In order for an employer to deny overtime, their employees must fall in a particular class know as exempt. Any salaried employee making over $455 a week who also meets FLSA regulations is not entitled to overtime pay. However, many employees have no idea that their employers are unlawfully withholding wages from them.

Here are some examples of common situations that could require overtime:

  • Employees forced to work off the clock
  • Averaging the hours of two weeks to avoid overtime
  • Refusal of overtime pay because they didn’t receive permission to work extra hours
  • Paying “comp” wages in place of overtime
  • Not paying workers for short breaks
  • Classifying as exempt when it is not true

Taking Steps to File an Overtime Lawsuit

It could be that your employer has been holding out on you, whether intentionally or not. If you think that you should be receiving overtime charges, you need a trusted employment lawyer who can guide you through the process. A lawsuit could help you recover years of neglected overtime wages. If you are unsure if you should be receiving overtime pay, contact a lawyer from Stewart & Musell, LLP and they can help you figure out if you are eligible.
Categories: Employment Law