Once upon a time there were no limits to the number of hours that an employee could work in a given day or week.
The employer set the schedule and demanded that employees worked 12 to 16 hours per day or more, often for five to six days a week. Employees were lucky to get a day off at all.
As early as 1926 there were companies that implemented an eight-hour work day. Henry Ford was known as one of the biggest proponents of the concept, and along with influence from local labor unions it became a standard across the nation.
Eventually in 1938 Congress passed the Fair Labor Standards Act (FLSA) that required the payment of overtime for employees, and in 1940 the law was updated to include the modern-day 40 hour work week.
When it comes to overtime compensation, when an employee has a non-exempt status it means that he or she is entitled to overtime pay.
Generally speaking, overtime pay is one and a half times the normal pay rate every time an employee works over 8 hours in a day or more than 40 hours in a week. The definition of a week is a period of seven consecutive 24-hour days.
Overtime pay is not required for weekends or holidays unless working a weekend or holiday puts a worker over the 8 hour per day or 40 hour per week limit.
There is also no limit to the number of hours an employee can work so long as he or she is provided compensation for it.
The FLSA is a federal guideline for overtime, but each state has its own guidelines for overtime and in many cases the state guidelines provide greater protection so that no matter what, the FLSA guidelines are a bare minimum.
It is important to understand the laws governing overtime in your state to make sure that your employer is following the law and that you are being paid fairly and appropriately for all overtime completed.
State Overtime Pay Requirements
Some states have additional laws that provide for more overtime pay for employees. That means that employers in these states must abide by the minimums set forth by the FLSA guidelines as well as the state guidelines.
Here is a sampling of some of the additional protections afforded by different states:
- California: Double time after 12 hours in a given day or for more than 8 hours on the 7th consecutive day of work
- Colorado: Time and a half after 12 hours in a single day
Some states, like Minnesota and Missouri, have different rules that depend on the size of the company and whether the company has an annual revenue of less than $500,000.
Other states have overtime laws regarding the work week and not the individual day, so if you work more than seven days then you receive greater compensation.
The bottom line here is that each state has a different set of laws when it comes to overtime and you should know what the rules are in your state so that you know that your employer is following the rules and that you are being properly compensated.
Speak With An Employment Law Attorney
One of the most important things about filing a wage theft claim for overtime non-payment is understanding the federal, state and local laws governing overtime.
In most cases, the federal guidelines are a minimum and there are actually more protections at the state and local levels. Understanding these rights will help you to file a more successful claim.
If you were not paid overtime, then you can either file a claim with the Department of Labor Wage and Hour Division (WHD) or you can file a lawsuit against your employer.
It can be very stressful to file a claim on your own, so having an attorney working on your behalf can be very helpful.
It is important to note that hiring an employment law attorney does not guarantee that you will win your case, but it will greatly improve your chances for a favorable outcome.
You will be working with an expert in wage theft claims, and he or she will be able to walk you through the process and make sure that you have all of the evidence that you need for a strong case.
When it comes to employment law cases, employers are responsible for paying legal fees so you do not need to worry about paying attorney fees up front. However some employment law attorneys work on an hourly rate or a combination of both. You should speak with your attorney beforehand to see how their payment plans work.
For more information about how an employment law attorney can help you, fill out a free case evaluation form.
