FLSA overtime claims may involve:
|Employers mistakenly treating employees as "exempt" from the FLSA overtime
requirements; and, |
|Employers failing to identify, record, or compensate "off-the-clock" hours
spent by employees performing compensable, job-related activities. |
|Employers failing to include "wage augments" such as longevity pay whne
calculating an employee's overtime rate|
FLSA recoveries can include compensation in the following types of situations (plus
liquidated damages and attorneys' fees):
|Employees may perform a variety of potentially compensable job-related activities during
their "off-the-clock" time, such as: taking work home, making/receiving
job-related telephone calls at home, working through lunch, working before or after
regular shifts, taking care of work-related equipment, job-related "volunteer"
|Employees mistakenly classified as exempt (who are really nonexempt) often work regular
("on-the-clock") hours in excess of the FLSA overtime thresholds, as well as
compensable "off-the-clock" hours.|
Sometimes employers calculate the overtime rates improperly, by not including in the
employee's regular rate compensation augments such as "longevity pay,"
"shift differentials," nondiscretionary bonuses (e.g., educational stipends).
The issue here is "time and one-half of what?"
Sometimes employers pay wages "late." The rule is that wages must be paid
"when due," which normally means at the next regularly scheduled pay day.
"Late pay" is generally the same as "no pay" under the FLSA. This can
be important because an employer that fails to pay wages when due may be liable for
liquidated damages (double damages).
Sometimes employers seek to avoid overtime by granting employees "compensatory
time" in lieu of cash for overtime hours worked, or "averaging hours" from
work period to work period, or similar gimmicks. Many such attempts are not permitted
under the FLSA.