HELP US HELP YOU PROTECT YOURSELF
Dealing with wage issues is one of the most important considerations for all workers. Most wage issues are governed by the federal law known as the Fair Labor Standards Act (FLSA). Not all businesses are governed by the FLSA. Anytime you are faced with a wage question, we may be able to help.
FREQUENTLY ASKED QUESTIONS ON WAGE AND HOUR ISSUES
1. As an employee, when am I entitled to payment for overtime?
If you are not otherwise exempt from the FLSA, you are entitled to overtime if you work more than forty hours per week. If you do work overtime, you are entitled to compensation at time and one half of your regular salary.
2. If I work for the government, am I still entitled to time and a half?
Employees of a governmental agency may receive compensatory time (leave time) in lieu of overtime, at the rate of one and one half hours for each hour of overtime worked. Compensatory time may be provided if an employee and employer have arrived at an understanding that compensatory time will be given. An employee may not accrue more than 240 hours of compensatory time or overtime compensation will be required. (Note: The FLSA has been held unenforceable against the Government by an individual employee seeking damages.)
3. Are firefighters and police treated differently?
If an individual is employed by the government in fire protection or law enforcement, including security, and the individual voluntarily chooses to be on a special detail with an independent employer, the hours worked are not included in the employee’s hours worked for the government and the employee is not entitled to overtime. The employee, however, may be entitled to overtime like any other employee for hours worked for the one employer in excess of 40 hours per week.
4. Am I entitled to compensation for when I am on-call?
An employee is entitled to compensation for all hours worked. Hours worked include working time spent in productive and non-productive time. An employee who is required to remain on call on the employer’s premises cannot use his time personally and is entitled to compensation. An employee who is not required to remain at the employer’s premises but is merely required to be subject to call is not working and is not entitled to compensation for the on-call time.
5. If I work extra time without getting express permission from my employer, am I entitled to compensation?
If an employee voluntarily continues to work at the end of his or her shift, and the employer knows or has reason to know that the employee is continuing to work, the additional time is considered working time and the employee is entitled to compensation.
6. What is my supervisor’s obligation when I work extra time?
It is the duty of the management to exercise its control to see that an employee is not permitted to remain at work. If the manager knows the employee is working, the manager will then have no obligation to provide compensation.
7. Am I entitled to compensation for my mealtime?
Bona fide meal times are not work time. Time off for breaks is considered to be a rest period and is counted as hours worked. If 30 minutes or more are given for a meal break, the employee is not entitled to compensation. If, however, the employee is required to perform any work during this time, such as being required to eat at his/her desk or answer phones the employee is to be compensated. It is not necessary that an employee be permitted to leave the work site. If he/she is given adequate time for lunch, the time is not deemed to be work time.
8. Am I entitled to compensation for work I do before my work shift?
If an employee is engaged in work which is integral to the employee’s principal activity, the employee is entitled to compensation. If, for example, an employee changes clothes before or after his/her shift, the time may be compensable if it is an integral part of the employee’s duties, such as working in a secure nuclear power plant requiring protective clothing. If, on the other hand, changing clothing is solely for the convenience of the employee, it is not compensable work time.
9. Who is exempt from overtime provisions of the FLSA?
An employee who is engaged in an executive, administrative or professional position is exempt from the overtime provisions of the FLSA. An executive is one who manages at least two or more employees, has the authority to hire or fire and regularly exercises discretionary duties. An administrative employee does work directly related to management and routinely exercises discretion. A professional works in an area requiring specialized knowledge and the exercise of discretion and judgment. If you fall into one of these categories, your employer need not compensate you for overtime under the provisions of the FLSA.
WHEN YOU SHOULD CALL YOUR LAW FIRM
1. When you are confused about anything.
2. When you don’t know what to do.
3. When you have a legal question you cannot get answered.