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Mitchell Pollack & Associates PLLC

Overtime pay and employment litigation

| Jun 1, 2018 | Employment Law for Employees |

For the most part, we all need to work or have a family member work to get by. Income is based on a person’s wage and the amount of time worked in a certain time period. When employees go over this a designated number of hours, commonly 40 hours, overtime pay could kick in. For some employees, this added pay is necessary, as working extra hours is the only way to make ends meet.

If an employer requires or permits employees to work overtime, then an employer is required to pay an employee premium pay for the overtime hours worked. For employees that are covered by the Fair Labor Standards Act, they must receive overtime pay when they work in excess of 40 hours in a workweek. This overtime pay must be at least one-half times his or her regular rate of pay.

However, one should note that FLSA does not require overtime pay when an employee works on the weekend, holidays or regular days of rest unless overtime hours are worked on those days. There are some exceptions, however. As working weekends, nights or holidays could result in overtime payment if an agreement is made between an employee and an employer.

Overtime pay can be very beneficial, and to some, a necessary income. Thus, if there are issues with overtime payments being paid, it is important that employees understand that they have the right to issues a claim. An employment litigation action could help prove that such pay was earned and not received, allowing them to not only recover these payments but also to seek legal recourses, such as damages, in the matter.