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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" work.
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.


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