Are You Getting Paid Correctly for Your Mandatory Overtime Work?

Written by on December 8, 2012 in Career - No comments | Print this page

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Whether you’ve been at the same business for years or are just starting a new job, receiving the correct pay is often something people overlook. No matter what your experience level may be, one thing that binds all types of employees together is a schedule. This is one aspect of the job that employees do not necessarily control.

Depending upon the situation, schedules can either be flexible (where an employer is able to accommodate an employee), or in some cases, a schedule may be rigid (where the employee then has to accommodate their employer). Either way, many industries offer you an opportunity to receive overtime. In some instances, this practice which would normally be voluntary may turn into mandatory overtime.

Federal Standards

This mandatory form of overtime can become a very murky area that employees may be forced to navigate, beginning at the federal level with the Fair Labor Standards Act of 1938. While this law forced employers to take many things into consideration, the act does not limit the number of hours in a day or days in a week an employee may be required to work, including overtime hours, if the employee is at least 16 years old.

The act indirectly addresses scheduling by including  the mandate to provide overtime pay of one and one half times the employee’s regular hourly pay rate for those in non-exempt positions. This kicks in once the employee in question has reached forty hours in a given workweek.

State Standards

With the federal standard in mind, let’s take a look at the state level. This is where things can become confusing, as each state has its own set of guidelines in regards to scheduling and overtime. Even within states, the rules may differ depending on the industry in question. For example, those in the retail industry may have different rules than those in the medical profession.

While these two fields are at the opposite end of the spectrum from one another, there are many fields in between in which workers may not be getting the full amount of money owed to them for the hours they work. At some point, workers in all of these fields may be forced to work beyond a 40-hour work week, but they may not get paid the overtime wages they deserve.

What can you do if you feel you have not been paid properly for any mandatory overtime you are putting in at your job? Immediately contact a law firm experienced in FSLA and overtime cases to help solve this issue– there is no risk to contacting an attorney, and if you are owed, it can pay big dividends.

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This is a guest post.  Ashely Wilson is a part of an elite team of writers who have contributed to hundreds of blogs and news sites. Follow her @AshelyMarie1985 to see what else she has to say!

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