Responsible for setting minimum wage and overtime standards that are applicable to virtually all U.S. employers, the federal Fair Labor Standards Act requires businesses to pay employees time and a half for all hours exceeding 40 in a workweek. While this seems straightforward in theory, the wage and hour laws and regulations are complicated and even more complex to apply in practice. Given these dynamics, employees should stay informed of whether they are being required to work off the clock, and if they are receiving proper pay for hours over 40 in a workweek. It’s important to keep in mind that being paid a salary rather than hourly wages does not exempt an employer from paying overtime.
In the last several years, overtime cases have exploded across the country due to the burden on employers to prove proper classification and pay. And let’s not forget, the requirement to maintain proper time and pay records falls on the employer as well. Working on behalf of employees, SCHWARTZ ROLLINS has successfully litigated many individual and class/collective actions across a wide range of industries. In many cases, our Firm has recovered for employees all or most of their unpaid overtime, liquidated damages and attorney’s fees – a tribute to our EXPERTISE.