Q) im working a salary job and the company is currently paying me “chinese” overtime for every hour over 40 that i work, instead of time and a half. is there any way to get the full compensation for that overtime?
A) Yes, you may be entitled to full compensation for overtime worked. The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees time and a half for all hours worked over 40 in a workweek.
Whether or not you are considered exempt depends on your job duties and salary. If you are not exempt, you are entitled to overtime pay.
If you believe your employer is not paying you overtime, you can file a complaint with the U.S. Department of Labor. The Department of Labor will investigate your complaint and, if they find that your employer is violating the FLSA, they will take steps to ensure that you are paid the overtime you are owed.
You can also file a lawsuit against your employer in court. If you win your lawsuit, you may be entitled to back pay, front pay, and other damages.
It is important to note that you have a limited amount of time to file a complaint with the Department of Labor or file a lawsuit against your employer. If you believe your employer is not paying you overtime, you should contact an attorney who specializes in employment law as soon as possible.
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
The U.S. Department of Labor’s Wage and Hour Division (WHD) is responsible for administering and enforcing some of the nation’s most important worker protection laws. WHD is committed to ensuring that workers in this country are paid properly and for all the hours they work, regardless of immigration status.
If you have questions or concerns, you can contact us at 1-866-487-9243 or visit. You will be directed to the nearest WHD office for assistance. There are WHD offices throughout the country with trained professionals to help you.