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The Fair Labor Standards Act (FLSA) requires employers to pay employees who are not otherwise exempt at least the federal minimum wage and overtime pay for all hours worked over 40 in a work week.
Covered employees must be paid for all hours worked in a work week. In general, compensable hours worked include all time an employee is on duty or at a prescribed place of work and any time that an employee is subjected to work. This would generally include work performed at home, travel time, waiting time, training, and probationary periods.
The laws for overtime are very specific and must be adhered to by all employers. If the failure to properly pay overtime to entitled employees is determined to be intentional, a successful overtime pay claim may also result in monetary damages to be awarded in addition to the amount owed the employee.
An overtime pay legal claim may be brought against both a current or previous employer. If the claim is brought against a current employer, the employer may not fire you or retaliate against you in any form as a result of the overtime pay dispute.
If the employer does retaliate or terminate you, and your work history shows the actions of your current employer were sudden and unwarranted based upon your work history and / or previous evaluations, depending upon the circumstances, a retaliation, hostile work environment, or wrongful termination claim may also be brought against the employer on your behalf.
Budgen Law aggressively defends the legal rights of workers involved in an overtime pay dispute or other employment and labor law legal issues. We will addresses all related issues that should be taken into consideration when pursuing overtime pay legal claims.