Workers who render overtime work can find some protection from not being paid with the Fair Labor Standards Act. This law requires employers to pay employees who exceed 40 hours of their regular work with a rate of 1.5 times greater than what they usually get. FLSA claims attorneys will tell you that all hours worked that exceed 40 hours in a workweek shall be subject to overtime pay.
The FLSA was enacted in 1938 after the Great Depression. It was a difficult time for American workers as they were experiencing horrible conditions and impossible hours. Since then, the law has been amended several times. Some of the revisions have expanded the coverage of the FLSA by:
- Requiring male and female workers to receive equal pay for any work requiring equal skill, effort, and responsibility.
- Providing protection to state and local hospitals as well as educational institutions
- Implementing strict standards for determining, paying, and accruing compensatory or comp time.
- Establishing specific requirements on the manner and date employers must pay for overtime work
- While the FLSA sets basic minimum wage and overtime pay guidelines, there are other things that the law does not regulate. For instance, it does not require the following:
- Vacation, holiday, severance, or sick pay
- Meal or rest periods, holiday offs, vacation
- Premium pay for working during the weekend or holidays
- Increase in pay and other fringe benefits
- Discharge notice, reason for such action, or immediate payment of final wages to terminated employees
When it comes to receiving overtime pay, there are exempt and non-exempt employees. For the former, exempt workers are not entitled to additional wages such as overtime an d compensatory time. The latter, on the other hand, are entitled to receive overtime wages, as required by the FLSA. Companies who will not abide by the ruling shall be held liable for the non-payment.read more