Fair Labor Standards Act: What Counts as Overtime?

FREE Case evaluation

Serious injuries deserve experienced attorneys

Baltimore, MD FLSA Lawyer

Fair Labor Standards Act What Counts as OvertimeIf 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.

  1. 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.

Personal Injury Attorneys In:

Washington DC | Maryland | Virginia

workers compensation attorneys in dc

Featured on:

Injury Attorneys DC, MD, VA – Get the Compensation You Deserve! Whether you have been injured in a car accident, a malpractice victim, injured on the job, as the result of shoddy craftsmanship, or in a slip and fall, we can help! Our experienced, competent attorneys excel in all areas of personal injury law.

PRACTICE AREAS

Catastrophic Injuries DC, MD, VA

Automobile Accidents DC, MD, VA

Workers’ Compensation DC, MD, VA

Slip and Fall DC, MD, VA

Medical Malpractice DC, MD, VA

Wrongful Death DC, MD, VA

Truck Accidents DC, MD, VA

Motorcycle Accidents DC, MD, VA

Metro Train Accident DC, MD, VA

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

RECENT POSTS

Client Review

"My experience with Cohen & Cohen was beyond my expectations. Jill did an amazing job with negotiating on my behalf and got me way more money than I anticipated. Thank you for having my back."
L Proctor
Client Review

"I am very pleased with the outcome of my case. I received more than the amount that I originally thought and am very satisfied with how my case turned out. Jill, the attorney working on my case did an excellent job advocating for me to the insurance company and getting me a good settlement. A special shout out to Bryan Moran, who always kept me posted on the updates of my case and was always super responsive to my questions. They are a really thoughtful team, I would definitely recommend to my friends and family."
Carolina Bazan
Client Review

Hear from our clients

If you have been injured, contact Cohen & Cohen for a free case evaluation today. Our staff is available 24/7 to assist you.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Cohen & Cohen has an  impeccable Client Satisfaction Rating with hundreds of
5 STAR Reviews. We are among the best-rated firms in the areas we serve.

Towhanna Boston
Towhanna Boston
2024-07-09
This was an awesome experience with Brittney Cassiere, Miriam Calisher, and my attorney Jill. What made me select Cohen & Cohen for my case, was my experience many years ago with Kim Brooks-Rodney. I definitely recommend anyone to use them. They have your best interest at hand.
Christopher Daly
Christopher Daly
2024-06-18
Adam Leighton did a great job handling my case so did Miriam and i was very satisfied with the outcome of the case! would recommend to anyone looking for a lawyer on a dog bite case.
Tenki Si
Tenki Si
2024-06-18
The attention to detail from every member of the team is impressive. The Cohen&Cohen provides very practical and efficient solutions to tough problems. They are highly responsive and they show true caring and compassion for their clients. Cohen&Cohen is the best Firm in Dmv
Michael Bulong
Michael Bulong
2024-06-17
I am very satisfied with the services provided by Cohen and Cohen. They were able to settle my case within less than a year and settled a fair amount in which I was expecting. They communicated very well throughout the process as well as made sure all boxes were checked off to ensure i received the best care and communication. I will recommend the services to anyone in these situations. Riley and Brittney were certainly very helpful during the process.
Diana Jimenez
Diana Jimenez
2024-06-15
Great experience with Miriam and the team at Cohen and Cohen! They were welcoming, set realistic expectations, communicated clearly and consistently and answered all my questions. Thank you!
Brody Sorrell
Brody Sorrell
2024-06-12
So glad I picked them! They crushed it and exceeded my expectation. They kept me in the loop frequently and whenever called or emailed. I would highly recommend them.
Miyagi Wassabi
Miyagi Wassabi
2024-06-05
Riley is the best she is very good at communicating with the customer and also she got me what I wanted
Suzanne McQuaid
Suzanne McQuaid
2024-05-22
Lucas Baudry was my rep for this accident claim, and even though I had LOADS of questions and was a bit impatient, he was always responsive and quick to reply. We’re wrapping up now, and I really feel like he tried to have the best results in the end, and didn’t drag it out more than need be.
Darlene Blake
Darlene Blake
2024-05-20
I had a great experience with this company. Mr. Baudry worked diligently with my case, he was very professional and straight to the point. He gathered all the information that he needed to get the job done. I recommend this company to all the people that I come across that need help. Thanks a lot. Darlene Dixon-Blake

Best Personal Injury Lawyer in DC

SuperLawyers2010
SuperLawyers2011
SuperLawyers2012
SuperLawyers2014

Cohen & Cohen Has Been Featured On

FREE CASE EVALUATION

Our team is available and ready to help you with your case. Feel free to contact us via the form below or call us 24/7 at 202-955-4529

2 + 2 =

Read more: