Unpaid Overtime

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Unpaid Overtime

If you work more than eight hours a day or forty hours a week, your employer must pay you overtime at a “time-and-a-half” rate.

However, employers often attempt to avoid paying overtime by wrongly classifying employees as “managers.”  But even if you're designated as a “manager” or you're paid a salary, you're still entitled to overtime pay if any of these conditions are true:

  • You spend more than half of your time doing the same work as those you supervise
  • Your employer gives you “paid time off” instead of overtime pay
  • You're wrongfully classified as a manager or supervisor
  • You work in your company's IT department and you spend most of your time troubleshooting fellow employees' computer problems—as opposed to running and managing the entire IT department as your title indicates
  • You write computer code based on models or specifications provided to you and that you must follow—as opposed to using your own independent judgment to write code

Diligent employees often do whatever is necessary, for however long it takes, to get the job done. But even if you're a salaried employee—or you're a manager or supervisor—that doesn't mean you're not entitled to overtime pay when you undertake these necessary extra efforts.

If you believe you've met the above criteria, you may very well have a claim for overtime pay. If this is the case or even if you're not sure and need advice, take action now. There's no charge and everything is kept confidential. Contact us today—the employment law experts at Lawyers for Employee & Consumer Rights.

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