Frequently Asked Questions about Wage & Hour Violations

  • What is an overtime violation under the Fair Labor Standards Act?

    What is an overtime violation under the Fair Labor Standards Act?

    • Off the clock work
    • Failure to pay for at home work, on call time, or short daytime breaks
    • Failure to pay due to lack of permission
    • Misclassification of jobs
    • Averaging hours over two workweeks
  • When am I eligible for overtime?

    When am I eligible for overtime?

    Under federal and state law, eligible employees must receive overtime pay for all hours worked over 40 hours in a single workweek. If you have worked more than 40 hours in any week without receiving overtime pay for each additional hour worked, you may be eligible for compensation.

  • What can I recover if my employer failed to properly pay overtime?

    What can I recover if my employer failed to properly pay overtime?

    If you are owed overtime money, you may be entitled to more than just reimbursement for back wages for the overtime you are owed. You may also be entitled to recover additional money for each overtime violation called "liquidation damages". Plus, you may also be entitled to recover attorney's fees and costs.

  • Can my employer take adverse action against me if I try to recover my unpaid overtime?

    Can my employer take adverse action against me if I try to recover my unpaid overtime?

    No. Retaliation by employers due to a claim is strictly prohibited.

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