The Fair Labor Standards Act or FLSA is the federal law the governs the payment of overtime and minimum wage.

The current federal minimum wage is $6.55 per hour. Even if you are not paid on an “hourly” basis, you should receive at least the minimum wage for every hour that you work. Divide your weekly compensation for a given week by the number of hours you actually worked that week, and you should be earning at least $6.55 per hour.

Under the FLSA, any hours worked in excess of 40 in a workweek are considered overtime. A workweek can be any fixed period of seven consecutive days and can begin on any day of the week. For purposes of calculating overtime, each workweek is considered separately and cannot be averaged across two or more pay periods.

Under most circumstances, overtime is paid at time and one-half the “regular rate of pay” for every hour worked in excess of 40 hours in a workweek. There are some exceptions to this rule. In certain situations, employees can legally be paid less then time-and-a-half for overtime hours. If an employee who is eligible for overtime receives commission as part of his compensation, his overtime pay only needs to include one-half the hourly amount he receives for commission (though his base pay, if he receives any, should still be paid at time-and-a-half). For example, if such an employee earns $1,000 in commission for a week in which he worked 50 hours, he is effectively earning $20/hour from the commission payment. He should be compensated for the 10 overtime hours he worked that week at one-half his commission rate, or $10/hour, in addition to overtime compensation for his base rate, if any.
Another method under which employees can be paid half-time for overtime hours is known as the “fluctuating workweek method.” Under this system, the employee must receive a fixed weekly salary for a work schedule that fluctuates from week to week, and the salary must be large enough that the employee receives at least the minimum wage for his longest workweeks. Additionally, there must be a “clear, mutual understanding” between the employer and the employee that the weekly salary is meant to compensate the employee for whatever number of hours the employee might work, whether many or few. If these requirements are met, the employee may be paid at the rate of one-half the effective hourly rate for his overtime hours.

Probably not. If your employer knew you were working overtime, or should have known, you probably are entitled to be paid.

No, you are entitled to be paid for all time worked. Employers are not permitted to require employees to perform work prior to the start of their shifts, during unpaid lunch breaks, or after their shifts have ended.

No, only government employees (public sector) are permitted to receive comp time. If you work overtime, you are entitled to be paid.

Independent contractors are not employees, and therefore are not entitled to overtime. Many employers, however, misclassify employees as independent contractors to avoid paying overtime and other benefits. For more information of whether you are an independent contractor, click here.

If you are owed overtime pay or minimum wage, your should contact one of our experienced overtime attorneys to help you recover the pay you are owed. Under the FLSA, employees who are “similarly situated” (i.e., they work in similar jobs and are subject to the same pay policies and procedures) can pursue their back wages through a “collective action.” This is often the most effective way for employees to recover their overtime pay, because it allows a group of employees the advantage of lower individual costs to vindicate their rights by the pooling of resources.

The FLSA allows you to recover the overtime pay you are owed for hours worked within two years back from the date you file suit or consent to join an existing lawsuit. For example, if an employee were to file an FLSA lawsuit on January 1, 2006, he could only attempt to recover pay for time worked after January 1, 2004. In some cases, where the employer is found to have willfully or recklessly violated the FLSA, you may be able to recover pay from three years prior to the date you file suit or consent to join an existing lawsuit. Because of these limitations, if you think you may be owed overtime pay it is important that you consult an overtime lawyer as soon as possible. If you do not pursue the pay you are owed, some or all of your claim may be barred by the passage of time.

The FLSA allows you to recover the overtime and/or minimum wages you should have been paid within the time frames discussed above. In some cases, you can also recover liquidated damages in an amount equal to the wages you are owed. If you prevail in your claim, you may also be awarded attorneys’ fees and costs.

Not legally and not without risking a substantial penalty. The FLSA specifically provides that it is “unlawful for any person … to discharge or in any other manner discriminate against any employee because such employee has filed any complaint or instituted any or caused to be instituted any proceeding under or related to this Act, or has testified or is about to testify in any such proceeding.”
An employer who retaliates or discriminates against an employee in violation of this statute is potentially subject to fines or even criminal prosecution, and the affected employee is entitled to “legal or equitable relief … including without limitation employment, reinstatement, promotion, and the payment of wages lost and an additional equal amount” plus attorneys’ fees and court costs. Punitive damages are available in appropriate cases, and “anti-retaliation” cases may be brought against individuals as well as institutional employers.
In addition to “firing” cases, retaliation has been found when employers blacklisted employees who made FLSA claims, refused to hire applicants who had made FLSA claims at other jobs, fired relatives, reduced job responsibilities, assigned employees to unpopular job duties or shifts, disciplined employees out of proportion to past disciplinary practices, reduced performance evaluations, and declined to recommend “normal” raises.