3 Common Misconceptions Regarding Overtime Laws

by Whiteshark Media White Shark Media

The Fair Labor Standards Act (“FLSA”) says that covered workers must be paid at least minimum wage for all hours worked and time and a half their regular hourly rate for all hours worked over 40 per week. If you are someone who is working more than 40 hours per week and you are not being paid overtime, do not continue to do so without contacting employment lawyers in Davie, FL. Yet, many workers do not do this because they are being told or believe misconceptions regarding the law:


Myth #1 “I have a salary and that only applies to those who work for an hourly wage.” Many people mistakenly believe that overtime pay does not apply to those who make a salary. Whether you make a salary or an hourly wage is just one of the many factors, as is whether or not you are a “manager.” Companies can not simply call everyone a manager and pay no one overtime! Do you have the ability to hire and fire other workers? Can you enter into legally-binding contracts for your employer? Do you manage any subordinate workers? Could you commit the employer to legal obligations? The less decision making authority as a worker that you have, the more likely that you are entitled to overtime pay.


Myth #2 “I wasn’t paid what I should have been, but that money is lost forever now.” Filing this type of claim is not like suing after a slip-and-fall where you could get millions of dollars, but you can be paid the money you rightfully earned. The Fair Labor Standards Act allows you to sue your employer to recover unpaid wages from overtime, and an additional and equal amount as liquidated damages, along with reasonable attorneys’ fees and costs. In layman's terms, this means you can collect the amount of money you should have been paid in the first place, plus your legal fees.


Myth #3 “Filing a claim will get me fired or make my work situation unbearable.” You are legally protected from workplace retaliation after filing this claim. Do not worry that you’ll be in trouble once you report your employer! If you demand payment of unpaid wages and your employer decides to fire you because you, you may have a separate cause of action for unlawful retaliation. This is a different type of case, but one that your same employment law lawyers in Davie will help you navigate.


You work and you get paid for this job. Not only is that what you expect because it is the ethical thing for your employer to do, it is also the law in this country! If this isn’t the case for your working situation, bring in employment lawyers in Davie, FL for help. 

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Created on Dec 20th 2019 03:57. Viewed 884 times.


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