Employers are responsible to pay employees for every hour that they work. Under the federal Fair Labor Standard Act, any employee that works in excess of 40 hours in a week should be paid overtime at a rate that is one and a half times their normal pay rate. Employers who are non-compliant can be held accountable and responsible for paying the employee the unpaid overtime they should have earned. Sidney L. Gold & Associates advocate for those being treated unfairly and unlawfully by their employer. We fight for you to receive the overtime pay you are legally entitled to, including back overtime wages.
There are exceptions to the Fair Labor Standard Act wherein employers are not required to pay an employee overtime. Exempt employees are professionals such as lawyers, architects, doctors, teachers, managers, and those in sales. These employees receive a salary of at least $455 each week and are not entitled to compensation for hours worked in excess of 40 hours a week. These jobs have salaries that are agreed upon with the employee’s knowledge that they may often work more than 40 hours in one week.
Some employers try to avoid paying non-exempt employees overtime by misclassifying an employee’s position. Instead of paying a restaurant shift supervisor by the hour, the employer misclassifies his position and gives him a salary and the title of manager, which makes them exempt from overtime. Other employers try to avoid paying overtime by claiming that the employee did not get prior permission to work the extra hours, while other employers avoid overtime pay by structuring their pay periods in ways that add up hours for bimonthly or monthly compensation.