The federal laws that regulate overtime pay are found in the Fair Labor Standards Act (FLSA) which states that unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. The Act is enforced by the Wage and Hour Division of the U.S. Department of Labor (DOL). Each state may also have laws that govern overtime pay for eligible employees.
Recently, a New Jersey corporation which owned 72 gas stations in the State was found to be in violation of the FLSA by the DOL. It therefore entered into a settlement to pay almost $3.1 million in overtime back wages and penalties to its employees.
If you believe you have been illegally denied overtime pay, a complaint can be made to the DOL's Wage and Hour Division which has broad powers to enforce the FLSA. In the case of the NJ corporation mentioned above, the DOL required the company to install biometric time clocks, provide a notice to workers regarding the terms of the compliance agreement, provide Fair Labor Standards Act training for all employees in English and other languages, implement an anti-kickback protection clause to ensure that all workers are paid any back wages due, and provide a toll-free telephone number for workers to report future violations to a federal monitor.
If you have questions about overtime pay, contact the law firm of Winegar, Wilhelm, Glynn & Roemersma to speak with one of our experienced attorneys.
THE FOREGOING IS INTENDED TO BE A GENERAL DISCUSSION OF THE LAW AND IS NOT INTENDED TO BE CONSTRUED AS LEGAL ADVICE. IF YOU HAVE A SPECIFIC QUESTION, PLEASE CONTACT OUR OFFICE AND SPEAK WITH AN ATTORNEY.