When jobs are scarce, unfair work practices are all too common. In the U.S., millions of dollars in settlements have been awarded in unpaid overtime lawsuits. The Fair Labor Standards Act (FLSA) requires an employer to pay one-and-a half times the regular rate of pay for any overtime hours worked in excess of 40 hours per week. There are some exceptions to this law that apply to exempt employees. Nevertheless, non-exempt employees must be paid for all the hours they work, including the time before or after a shift if the employee is required to work “off the clock.”
If you are regularly required to skip meal breaks or other breaks because your workplace is understaffed, then you may be eligible for overtime pay. For example, many facilities in the health care industry require nurses to perform work that includes helping patients during the nurse’s scheduled break or even before they are scheduled to “clock in” for their regular shift. This practice could subject an employer to an overtime lawsuit simply because it does not employ enough workers to attend to all the patients.
Requiring employees to work off the clock is an obvious overtime violation but it happens frequently because workers are misinformed. You may have been denied overtime pay for an improper reason. If your employer has failed to compensate you for meal periods and rest breaks, time spent working while traveling, or work performed before your scheduled shift, you may be eligible for overtime pay. If you have reported an overtime violation and your employer has discharged or demoted you, call our Law Office to speak with one of our experienced lawyers who can help you find out if you are entitled to compensation.