If your employer failed to pay wages that you rightfully earned, then we recommend contacting a Baltimore, MD overtime lawyer at Cohen & Cohen to discuss your case. The number of companies who fail to provide their workers with a reasonable wage, and on-time, is more rampant than people realize. There are serious legal consequences for employers who don’t pay employees within a certain period of time for hours worked.
Employees may be understandably outraged about the delay or lack of pay, but are nervous that if they come off too demanding, that they will be fired and then have no chance of ever seeing the money they worked for. Trust us when we say that many employers fix the situation once a lawyer has gotten involved. Let our team intervene now.
Federal and State Law
At both the federal and state level, companies are required to pay overtime to non-exempt employees who have clocked more than 40 hours in that week. The overtime pay is set at a time and a half that workers’ wage. Overtime is calculated depending on the number of hours an employee worked, and does not include:
- Sick time
If you are going through a hard time, an overtime lawyer in Baltimore, Maryland can be a reliable source of guidance. It’s important to remember that you must be represented by a team who is experienced in handling workplace related issues. We have 24-7 live phone answering, so if the matter is urgent, we can start helping you any day, any hour.
Workers should not have to suffer because their employer failed to do the right thing. We can hold your employer accountable for their negligence. We know that the difference between getting your pay now or much too late may mean that you are unable to pay your bills that month. And even if you can afford to receive late pay, you shouldn’t have to. The law protects workers from being taken advantage of by companies who don’t put workers first.
Common Myths About Overtime Pay
Employees who work more than 40 hours in a single week are typically eligible for overtime. However, there are still so many untruths about overtime pay that some workers still believe. They may even believe they are not entitled to overtime pay. Here are some common myths about overtime that you should no longer believe.
It’s Fine for Your Employer to Average Your Hours Over a Two-Week Pay Period
No, this is not legal. Overtime refers to hours worked in excess of one 40-hour work week. If you work more than 40 hours in a single week, you are entitled to receive overtime pay. This is true even if you worked fewer hours the previous week.
If You Get Behind in Your Work, Your Employer Doesn’t Have to Pay You for Work You Take Home
Sometimes you may not really be able to finish all of your work in a 40-hour workweek. You may have to take some of your work homes to get caught up. That does not mean you shouldn’t be compensated for those extra hours. In fact, your employer is required to pay you overtime if it takes you more than 40 hours to finish all of your work.
Salaried Employees Don’t Qualify for Overtime Pay
This is one of the most common myths regarding overtime pay. The truth is that placing employees on salary does not exclude them from receiving overtime pay if they work more than 40 hours in one week. Employees can be exempt from overtime based on their job duties, not the way they are paid. For instance, employees can be exempt from overtime pay if they are classified as an executive or administrators.
Training Sessions and Meetings Aren’t Compensable Time
This isn’t true either. If your employer requires you to attend training sessions or meetings during the week, you must be compensated for them. If attending these meetings and training sessions exceeds 40 hours in a single week, your employer has to pay you overtime.
If You Work Through Your Lunch Hour, You’re Not Eligible for Overtime
Some people choose to work straight through their lunch hour to finish their tasks sooner. It’s still considered compensable time. If you frequently work through your lunch hour and aren’t paid overtime for it, you may want to speak to a Baltimore MD overtime lawyer.
Do I qualify for overtime pay under the Fair Labor Standards Act?
A good place to get a definitive answer as to whether your particular situation qualifies for you for overtime pay is from a Baltimore, MD overtime attorney.
The Fair Labor Standards Act (FLSA) was established in 1938 as a way to protect the American laborer. Historically, the main purpose of this act is to ensure that employees receive minimum wage, earn overtime when appropriate, employers keep proper documentation of employee wages, and prohibits child labor. In order to be covered by the FLSA, there are certain criteria that your job description and income must meet. Determining whether or not you are eligible can be quite complicated. In the event that you feel your employer is in violation of the FLSA or if you are an employer and want to make sure you are in compliance with the laws, it is recommended that you seek the advice of an attorney in your area. Some common questions regarding overtime pay, under the FLSA, are explored below but you should discuss your situation with a Baltimore, MD overtime attorney if you want legal advice.
Am I considered nonexempt?
There are two categories of employees under the FLSA: exempt and nonexempt. Only nonexempt employees are typically covered under the FLSA and eligible for overtime pay. A nonexempt employee is one who is paid hourly and earns less than $23,600 per year.
What is overtime according to the FLSA?
Since 1938, the FLSA has established the work week to consist of 40 hours. Any time worked beyond that should be compensated with overtime pay which is at least one and one-half times the regular hourly wage of that particular employee. Holidays and weekends are not automatically considered overtime unless they are worked beyond the 40 hour work week.
If you think that your employer is denying you overtime pay, it may be in your best interest to get in contact with a Baltimore, MD overtime attorney.
What jobs are exempt from FLSA?
If an individual makes over $100,000 in a calendar year, it is highly likely that they are exempt from FLSA coverage. A person may be considered exempt if he or she is on salary, is in a managerial position and performs management duties such as hiring and firing. There is a lot of grey area when it comes to defining an exempt employee. Therefore, many professions fall under the exempt category and those employees are not covered under the FLSA. Exemptions are determined by a series of tests that are centered on job duties and salary base.
A Baltimore, MD overtime attorney can tell you if it seems like your employer has unfairly marked you exempt from FLSA.
Am I eligible if I belong to a labor union?
Typically, the FLSA may not cover an employee who is already protected under a union’s labor laws. Of course, there are exceptions to every rule.
It is important to understand that the FLSA has been in place for 80 years. The purpose of the laws and regulations outlined within the FLSA, are intended to ensure appropriate standards on the part of the employer and reasonable compensation for employees. However, this is no simple task since there are multiple variations in employment status and responsibilities within the job. In addition, the FLSA criteria is subject to updating and revisions as deemed necessary. It is imperative that you understand the FLSA with the guidance of an FLSA attorney. Whether you are an employee who feels you are not receiving the overtime you deserve, or you are an employer who wants to ensure you are complying with local and federal labor laws, contact an FLSA attorney today.
For a highly rated Baltimore, MD overtime attorney who can help you with FLSA matters, contact Cohen & Cohen any time of the day or night, any day of the year, for a free case evaluation.
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If you were not paid by your employer, you can file a claim with the state government, a civil lawsuit, or criminal charges. Employers may be sued by numerous employees all at once for wage law violations, which is considered a global settlement or class-action lawsuit. To determine whether your situation warrants legal intervention, we suggest contacting a Baltimore, MD overtime lawyer at Cohen & Cohen today for immediate legal support.