Fair Labor Standards Act: What Counts as Overtime?

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Baltimore, MD FLSA Lawyer

If you are concerned that your Baltimore employer is not paying you the overtime you are entitled to, you may be in need of help from a Baltimore, MD FLSA lawyer that Baltimore employees can rely on.

If you are a nonexempt employee under the Fair Labor Standards Act (FLSA), you are entitled to overtime pay at a rate of 1.5 times your regular pay for every hour that you work over 40 each week. This overtime guarantee ensures that your employer does not take advantage of you by forcing you to work long or excessive hours each week without providing you with increased compensation to offset your burden.

Knowing that you are a nonexempt employee is important. If you know that you are nonexempt, you have a large part of the battle won. However, if you are still not receiving the overtime pay to which you believe you are entitled, you may have questions about how exactly overtime pay should be calculated. These questions are best answered by a professional and competent Baltimore, MD FLSA lawyer who can look at the specific facts of your case and make recommendations based on his or her knowledge of the FLSA. In the meantime, however, here are a few basic questions that can help you answer how overtime pay should be calculated under FLSA provisions:

1. What is my regular rate of pay? If you are an hourly employee, the rate of overtime pay should be 1.5 times you regular rate. But, what if your regular rate varies, for example, by shift? In this case, your regular rate should factor in shift differentials and that should be used in the calculation of overtime pay. Your regular rate should also include nondiscretionary bonuses, such as those that you get for longevity with your employer. Your regular pay will not include variable year-end bonuses, nor will it include any benefits that you receive from your employer.

To help you determine the specifics of your rate of pay, contact a Baltimore, MD FLSA lawyer.

2. Does travel time count? Your travel between work and home is not considered time toward your 40-hour work week. However, if you are required to travel from one work location to another during the same work day, your employer must include your travel time between workplaces as hours worked. If you travel to another work location, typically in another city, for a one-day assignment, your employer must count your travel time to and from the alternate work location as time worked. If you travel overnight, your employer must include as time worked any travel time that occurs during your normal work hours. For example, if you typically work 9am-5pm, and you travel during that time, it counts toward your 40-hour week. Time spent traveling outside the 9am-5pm range will not be counted as time worked unless you actually completed work during your travel, such as by fulfilling job duties while flying or taking the train.

These are two basic answers to two basic questions. For more detailed answers about your specific situation, contact a highly rated Baltimore, MD FLSA lawyer who is familiar with Baltimore courts and judges.

How exactly your overtime should be calculated is a more complex question and is dictated by the complicated and detailed provisions of the FLSA. To truly determine whether you are receiv.ing the overtime pay that you deserve as a nonexempt employee, consider reaching out to a qualified employment attorney, specifically one specializing in FLSA compliance, to set up a consultation.

For a highly rated Baltimore, MD FLSA lawyer, contact Cohen & Cohen for a free and confidential case evaluation with no obligations.