Can I sue my employer for not paying me overtime?

Can I sue my employer for not paying me overtime?

Yes, in most circumstances you can sue your employer for not paying you your overtime pay. The Fair Labor Standards Act (FLSA) classifies employees, and if you are considered a covered employee (non-exempt) under law you are required to receive overtime pay for all overtime hours worked.

Can a manager take away overtime?

No, an employer cannot – under either state or federal law – require (or even ask) an employee to agree to give up overtime pay if the employee has worked and earned compensable overtime hours. However, under both state and federal law, overtime pay may not be waived by the employee by oral or written agreement.

Are managers exempt from FLSA?

As far as federal overtime laws are concerned, manager is just a title, it does not make someone exempt from overtime laws.

What can you do if your employer doesn’t pay you overtime?

File a complaint with the Department of Labor’s Wage and Hour Division (WHD), or your state’s department of labor. These agencies have the authority to investigate these claims and order your employer to pay you the money you are owed. Hire an attorney and file a civil lawsuit against your employer.

What makes an employee exempt from overtime?

Exempt employees are exempt from California overtime laws. This means that, if you are an exempt employee, your employer does not need to pay you time and a half if you work more than eight hours in a workday, or more than 40 hours in a workweek, or otherwise “work off the clock.”

Is denying overtime illegal?

“Yes,” your employer can require you to work overtime and can fire you if you refuse, according to the Fair Labor Standards Act or FLSA (29 U.S.C. § 201 and following), the federal overtime law. As long as you work fewer than 40 hours in a week, you aren’t entitled to overtime.

Who is exempt from overtime pay?

The Fair Labor Standards Act (FLSA) states that employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees” may be considered exempt from both minimum wage and overtime pay. These are sometimes called “white collar” exemptions.

How many hours is an exempt employee required to work?

Exempt employees may not be eligible for overtime or breaks. However, exempt employees must be paid at twice the minimum hourly wage based on a 40-hour workweek. As an exempt employee, an employer could require the employee to work more than 40-hours per week without overtime pay.

Which of the following employees would not be exempt from receiving overtime pay?

State overtime laws do not cover certain employees who are considered “professional,” “managerial,” “executive,” or “administrative” employees. To be an exempt employee under any of these categories under California law you must earn twice the minimum wage for full-time work.

What is illegal for a manager to do?

A hostile work environment (sometimes described as harassment or workplace bullying) is only illegal if it’s due to some legally-protected status, such as: race, age, sex, religion, national origin, disability, taking Family and Medical Leave or whistleblowing.

Can you say no to overtime?

If your contract doesn’t mention overtime You have a right to say no but if you say no without a good reason, it might damage your relationship with your boss. They might try to change the working hours in your contract.

What determines exempt status?

With few exceptions, to be exempt an employee must (a) be paid at least $23,600 per year ($455 per week), and (b) be paid on a salary basis, and also (c) perform exempt job duties. These requirements are outlined in the FLSA Regulations (promulgated by the U.S. Department of Labor).

What is an overtime pay lawsuit?

The overtime pay lawsuits allege that the restaurants forced employees to work off the clock, not paid them overtime and struck hours off their time cards. These are in violation of the Fair Labor Standards Act (FLSA) and workers can seem compensation in the lawsuits.

Why did Michigan workers file a lawsuit against restaurants?

Michigan workers filed a lawsuit because allege started getting paid only when customers walked into the restaurants, even if they were required to report to work hours earlier. Other cases involve requiring overtime hours and not paying the 1.5 times regular wages as required by laws.

Can a worker Sue McDonald’s under the Fair Labor Standards Act?

These are in violation of the Fair Labor Standards Act (FLSA) and workers can seem compensation in the lawsuits. Workers in California sued McDonald’s because it did not pay them for all of the hours they worked, and did not give them timely breaks.