Overtime Pay Violations

If Your Employer is Not Paying You Time + Half for Hours Worked Over 40 Hours/Week, You May Be Entitled to Back-Pay

We Fight for Overtime Wages

The Fair Labor Standards Act (FLSA) and Wisconsin Wage and Hour laws require employers to pay their employees overtime pay at a rate of one and a half the regular rate for all hours worked over forty hours in a work week unless the employee clearly and unmistakably falls within the classification of an “exempt” employee. This overtime pay is commonly called “time and a half” because the overtime pay rate equals 1.5x an employee’s regular rate. For example, if an employee’s regular wage is $10.00 and she works 65 hours in a given week, her employer would owe her:

40 x $10 = $400 for the first 40 hours at the regular $10/hour rate, PLUS

25 x $15 = $375 for the remaining 25 hours at the “time and a half” rate of $15/hour

Common Examples of Illegal Unpaid Overtime

Employers often violate the overtime requirements by averaging hours worked over two workweeks. When an employee works 45 hours one week, and 35 hours the next, the employee must still be paid time and a half for 5 hours of overtime work in the first week. Overtime pay is calculated on a weekly basis regardless of whether an employer pays on weekly, bi-weekly, or semi-monthly basis.

Employers also break overtime pay laws when they do not include all compensation in the calculation of the regular rate. Shift differentials, nondiscretionary bonuses, promotional bonuses, and the cost of lodging when provided by the employer must all be factored into the regular rate when calculating overtime compensation. An employee who is paid on an hourly basis and is also eligible for commissions or bonuses is entitled to have those commissions or bonuses included in the calculation of their regular rate.

Employers also violate the FLSA by providing employees with comp time or compensatory time. Private employers cannot use “comp time” or compensatory time systems where time and a half compensation is replaced by time off in a later workweek. Only governmental employers are allowed to use a comp time system.

Even Salaried Employees May Be Entitled To Overtime Pay

Employees often think that because they are paid a salary, they are not entitled to overtime compensation. However, overtime pay exemptions include both a salary basis test and a duties test, and, in addition to being paid a salary, an employee’s actual job duties must meet the narrow exemption. If an employee’s job duties do not meet the exemption’s test, a salaried employee would still be entitled to overtime pay.

Employers will frequently violate the salary basis test by making deductions from an employee’s salary for improper reasons. Examples of improper salary deductions include deductions for partial day absences, absences caused by the employer, or absences due to jury duty. If an employer makes improper salary deductions, a salaried employee may be entitled to overtime pay.

The Overtime Attorneys at Hawks Quindel Can Help You Get the Overtime Pay You Have Already Earned

If your employer is not paying you time and a half for hours worked over 40 hours in a workweek, you may be entitled to back-pay. The experienced overtime attorneys at Hawks Quindel have assisted thousands of employees in recovering unpaid overtime pay, and are experienced in bringing both individual and class/collective actions for unpaid overtime compensation.

To learn more about your wage rights, please contact one of Hawks Quindel’s experienced wage and our wage and hour team will provide you with a free case evaluation to answer your questions and evaluate your potential claim. Please contact us if you would like to discuss your wage rights under federal FLSA laws. Please call a Madison wage attorney directly at (608) 257-0040 or a Milwaukee wage attorney at (414) 271-8650, or email us via our Contact Page.

We Fight for Overtime Wages

The Fair Labor Standards Act (FLSA) and Wisconsin Wage and Hour laws require employers to pay their employees overtime pay at a rate of one and a half the regular rate for all hours worked over forty hours in a work week unless the employee clearly and unmistakably falls within the classification of an “exempt” employee. This overtime pay is commonly called “time and a half” because the overtime pay rate equals 1.5x an employee’s regular rate. For example, if an employee’s regular wage is $10.00 and she works 65 hours in a given week, her employer would owe her:

40 x $10 = $400 for the first 40 hours at the regular $10/hour rate, PLUS

25 x $15 = $375 for the remaining 25 hours at the “time and a half” rate of $15/hour

Common Examples of Illegal Unpaid Overtime

Employers often violate the overtime requirements by averaging hours worked over two workweeks. When an employee works 45 hours one week, and 35 hours the next, the employee must still be paid time and a half for 5 hours of overtime work in the first week. Overtime pay is calculated on a weekly basis regardless of whether an employer pays on weekly, bi-weekly, or semi-monthly basis.

Employers also break overtime pay laws when they do not include all compensation in the calculation of the regular rate. Shift differentials, nondiscretionary bonuses, promotional bonuses, and the cost of lodging when provided by the employer must all be factored into the regular rate when calculating overtime compensation. An employee who is paid on an hourly basis and is also eligible for commissions or bonuses is entitled to have those commissions or bonuses included in the calculation of their regular rate.

Employers also violate the FLSA by providing employees with comp time or compensatory time. Private employers cannot use “comp time” or compensatory time systems where time and a half compensation is replaced by time off in a later workweek. Only governmental employers are allowed to use a comp time system.

Even Salaried Employees May Be Entitled To Overtime Pay

Employees often think that because they are paid a salary, they are not entitled to overtime compensation. However, overtime pay exemptions include both a salary basis test and a duties test, and, in addition to being paid a salary, an employee’s actual job duties must meet the narrow exemption. If an employee’s job duties do not meet the exemption’s test, a salaried employee would still be entitled to overtime pay.

Employers will frequently violate the salary basis test by making deductions from an employee’s salary for improper reasons. Examples of improper salary deductions include deductions for partial day absences, absences caused by the employer, or absences due to jury duty. If an employer makes improper salary deductions, a salaried employee may be entitled to overtime pay.

The Overtime Attorneys at Hawks Quindel Can Help You Get the Overtime Pay You Have Already Earned

If your employer is not paying you time and a half for hours worked over 40 hours in a workweek, you may be entitled to back-pay. The experienced overtime attorneys at Hawks Quindel have assisted thousands of employees in recovering unpaid overtime pay, and are experienced in bringing both individual and class/collective actions for unpaid overtime compensation.

To learn more about your wage rights, please contact one of Hawks Quindel’s experienced wage and our wage and hour team will provide you with a free case evaluation to answer your questions and evaluate your potential claim. Please contact us if you would like to discuss your wage rights under federal FLSA laws. Please call a Madison wage attorney directly at (608) 257-0040 or a Milwaukee wage attorney at (414) 271-8650, or email us via our Contact Page.

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