Frequently Asked Question on Overtime Pay

It is crucial to know whether you are being paid fairly or not. Sometimes you are oblivious to the fact that you have worked overtime for a certain week and not getting paid for it. There is no doubt that calculating the overtime pay is a complex job, but the employer must ensure that he is paying the employees for the extra work that they have done apart from the regular work hours. Many times it happens that the employer makes the mistake in the calculation or even in the classification of employees. But many times the employer deliberately misclassifies employees so that he can avoid paying them overtime wages. In that case, if you speak to an overtime lawyer in Los Angeles, he will be able to explain all the details of it.

But no matter what the issue is, you have to be aware of your certain workplace rights and know when to exercise them. Therefore, in this quick line of some common yet important FAQs, you will surely get all the answers by the end whilst having clarity on the subject matter.

#1 What is overtime pay and am I entitled to it?

Every non-exempt worker or employee is protected under the Fair Labor Standards Act (FLSA) which requires the employers to pay the employees a rate higher than the regular one for the work they have done over 40 hours of the regular workweek.

And yes, if you are exempted under FLSA, you are entitled to overtime pay.

#2 How can I prove that my employer has illegally or unlawfully denied the overtime pay?

If you know that your employer has not paid you overtime wages, the first thing you must be aware of is that you do not have the burden of proof in this scenario. The entire burden lies on the employer because he has to prove that it is exempted under the law. If your employer has misclassified you and you were denied overtime pay, know that your employer is not complying with the law.

#3 My overtime rate keeps on fluctuating every time I work overtime. Is it legal?

There is an alternative method of paying overtime wages mentioned in the FLSA and it mainly requires the employee to be paid on a salary basis and not on an hourly basis and must be classified as non-exempted. Thus, in this case, the employer should pay you a rate that is half of your regular pay rate which is decided by dividing your weekly salary by the hours that the salary was calculated to cover so that your regular payments can be determined. And then the figure that you get, the half of it is taken off which is qualified as an overtime premium. To know whether you are being paid fairly for your overtime, you must speak to an overtime lawyer in Los Angeles.

#4 If I have worked on a holiday, does it count under overtime pay?

If you have worked on a holiday, then your employer will only pay you overtime if your workweek hours have exceeded 40 hours on the weekend.

There are many intricacies associated with overtime pay and that is why consulting an overtime lawyer in Los Angeles will always be in your best interest so that you always get the right advice.

Akopyan Law Firm, A.P.C. is one of the leading law firms in Los Angeles, CA specializing in practice areas such as personal injury, employment law, age discrimination, constructive discharge, disability discrimination, emotional distress, family medical leave, meal and rest breaks, minimum wage, overtime ( akopyanlaw/overtime-lawyer ), paid sick time off, retaliation, sexual harassment, tips tipped employees, whistleblower, wrongful termination, slip and fall, car, motorcycle, and truck accidents, wrongful death, etc. To know more, visit https://www.akopyanlaw.com/attorneys/.

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