Wages and Overtime Pay
Can They Fire Me?
Your place of work may not retaliate against you for seeking a lawyer to speak about your compensation that you are owed. There are strict state and federal rules protecting employees from being fired for “whistleblowing.” We will walk you through the process of filing your claim and protecting you from being retaliated against at work.
Many employees are not given the breaks, compensation and respect that they deserve. The employment law attorneys at Krause & Kinsman will not stand for this mistreatment. We are dedicated to leveling the playing field and giving employees the rights they deserve pursuant to the Fair Labor Standards Act (FLSA) and Occupational Safety and Health Administration (OSHA) regulations.
If you have not been paid overtime wages that you deserve or you have been misclassified as “exempt” for overtime, give us a call. Our initial consultation is free of charge; we can help you and your peers get paid the compensation that is deserved.
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Understanding Overtime Pay
Overtime pay of time-and-a-half is required for hours worked over 8 in a day, 40 in a week, and for the first 8 hours of the seventh day worked in a week. Double pay is required for any hours worked over 12 in a day or in excess of eight hours on any seventh day of a workweek.
Although the vast majority of employers must pay overtime, not all are required to. To figure out whether your company must pay overtime, first determine whether you are covered by the federal Fair Labor Standards Act (FLSA), the federal wage and hour law that sets out the overtime rules.
There is no such thing as a 1099 employee. If you are properly being paid on a 1099basis you are an independent contractor, not an employee. An independentcontractor can agree to work for as little as they wish, and without any right toovertime, breaks or anything else.
According to the Fair Labor Standard Act (FLSA ) the overtime pay rate for eligible employees is one and one-half (1.5) times their regular working hour rate of pay. For example: if you earn $20 per hour your overtime pay rate, if you are eligible, must be at least $30 per hour: $20 per hour x 1.5 = $30 per hour.
If an employee is not eligible for overtime pay, he is considered exempt. Exempt employees are on salary, but not all salaried employees are exempt. Some salaried employees, such as nurses or police officers, can also be considered nonexempt employees and are eligible for overtime pay.