Overtime Pay for Salary or Flat-Rate Employees
A common myth in employment law is that employers are not obligated to give overtime pay to salaried or flat-rate workers. Sometimes, employers give their employees a salary when they should be classified as hourly workers. The FLSA does not just take salary/hourly into consideration, but rather the total amount an employee is getting paid. The FLSA also takes into consideration whether the employee’s job duties perform a management function, or involves independent decision-making. If, after further evaluation, an employee does not meet the federal requirements for “exempt” status, then they must be paid overtime. If you believe you have an overtime violation case, do not hesitate to speak with an attorney at our firm.
