Do you feel as if you have been putting in too many hours at your job and deserve overtime pay? Here are 4 things that you should know about this situation.
The Overtime Rate
You should start by understanding what overtime rates are considered at the local, state, and federal level. For example, if you work in California, overtime pay starts after you have worked a 40 hour work week or more than 8 hours in a day, and you should be paid at 1.5x your normal rate. Any days where you work more than 12 hours is double your normal rate, and working a 7th day in a work week makes you entitled to 1.5x your rate for the first 8 hours, and double your rate for anything after that.
The Penalties
If you have not been paid overtime, your employer should be penalized for not paying you the appropriate amount. Your state may have specific rules regarding penalties for each violation of not paying for overtime, with the penalty increasing each time it is done. There may also be penalties for wages not paid after you left the company. Your last day of employment should include receiving your final paycheck, and you can receive compensation for having to wait for the check.
The Laws To Use
As the employee, you are able to use whatever laws are most favorable to you. This means that you can decide to use the federal laws regarding over time if that is the best option, or decide to use local wage orders that apply towards your specific industry. Your lawyer can let you know which option is best to pursue so that you receive the maximum amount of compensation.
The Rules About Off Clock Work
One common point of confusion surrounds what happens with off the clock work issues, which is time that you put in before or after you hours of employment that your employer is in control of. This includes having to respond to emails from home, come in early to take care of a task, or even held late for a meeting. These times should be factored into your overtime pay, since it is time that your employer is still in control of and having you perform work for them.
As you can imagine, navigating the laws of overtime pay can be confusing. Work with an overtime lawyer that specializes in overtime pay so that you can get the money that is owed to you.
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