There are times when a person's hard work and sacrifice are not recognized and are not properly compensated by the employers of the company that person is working in. It is illegal, unfair, and unjust if an employer fails to compensate the extra work given by an employee.
Overtime and Overtime Claims
It is a work performed by hourly employees that exceeded regular work hours that is required for a week. Any work done by an hourly worker, which exceeded 40 hours a week is known as overtime.
Under the Fair Labor Standards Act (FLSA) of 1938, employers are required to pay his/her workers who exceeded the given 40 hours a week a 150% of the worker's salary for the hours that exceeded the weekly average.
There are both state and federal laws that cover overtime and wage claims. States are granted to give the workers in their area broader overtime protections, compared to what is offered by the FLSA.
Coverage of Overtime Pay
The FLSA requires employers to pay extra for workers who went over the weekly limit that a worker should work. However, there are employees who are not entitled to receive overtime pay, which include:
• volunteers
• seamen
• certain switchboard operators
• recreational business or seasonal amusement employees
• certain computer specialists like software engineers or programmers who earn $27.6 an hour
• newspaper deliverers
• casual domestic babysitters
• outside salespeople
• workers who are engaged in fishing operations
• independent contractors
• criminal investigators
• employees of non-profit or religious centers, as well as organized caps that operate less than seven months in one year
• small farm employees
How to file an overtime claim
Complaints regarding overtime pay must be filed within a year after the incident wherein the employer failed to pay for his/her overtime work. The steps in filing an overtime claim are:
• type or print the application form
• questions that are in the form must be answered completely
• include the date and your signature
• do not forget to point out whether you want your employer to know your name, as the person who filed the claim
• two copies of any documents that that will support your claim, as well as the copy of your records should be submitted
• notify the Department of Labor if ever you changed your address
• the application must be mailed to the address that was provided
Overtime Claims Attorneys:
Both wages and overtime claims are difficult areas of the employment law, which demands the skills of a professional attorney. When you know that you are supposed to receive an overtime pay but your employer did not give it to you, ask for the guidance and help of these attorneys. These attorneys will make sure that the extra work, effort, and sacrifices you have give will be properly compensated. They will give you all the information, guidance, and support that you need.
To help you with issues such as wages and overtime pay, you can seek the services of our skilled Los Angeles attorneys. You can visit our website to avail of our free case analysis.
