Working extra-long hours can have a negative impact on the quality of life for you and your family. When your work life balance is jeopardized due to a demanding work environment, the very least that should happen is that your compensation should account for these extra long hours.
While employers may want their employees to put in extra hours, they may not be so eager to pay a premium rate for those hours.
That is when you need the assistance of a Washington DC failure to pay overtime lawyer on your side. Experienced attorneys stand up for employees who are being denied their rightfully earned overtime.
Failure to pay overtime is a violation of the Fair Labor Standards Act (FLSA). The FLSA establishes overtime guidelines that are applicable to both public and private sector employees. The FLSA applies to all non-exempt employees.
Employers are required to pay non-exempt employees who work more than 40 hours within one work week overtime compensation. A work week is defined as a 7-day consecutive period. Overtime pay must be paid at a rate no less than one and a half times an employee’s regular wage.
Accordingly, if an employee is earning minimum wage in Washington DC, which is $14.00 per hour, the applicable rate for overtime pay would be $21.00 per hour.
Working on a weekend or holiday does not automatically trigger overtime. The hours spent working on a holiday or weekend when combined with regular weekday hours must exceed the 40-hour threshold to necessitate overtime compensation.
There is no statutory limit to the number of overtime hours an employee can work. All hours worked in excess of 40 should be compensated at the premium overtime rate. Neither employees nor employers can waive the overtime requirement imposed by the FLSA.
The District of Columbia Minimum Wage Act (DCMWA) also requires employers to pay overtime to employees at a rate of one and a half times their normal pay rate for working more than 40 hours in a workweek (DC Code §32-1003(c)). If a Washington DC employee is not covered by the FLSA, they may be covered by the DCMWA.
There are some Washington DC employees who are exempt from overtime laws and therefore are not entitled to receive overtime compensation. For example, independent contractors are exempt from coverage under the FLSA. In addition, salary employees, contrary to common misconceptions, are not automatically exempt from overtime pay regulations.
Only salary employees who meet certain criteria and perform executive, administrative or professional job duties can be exempted by their employer properly
To avoid paying overtime, some employers misclassify their employees as exempt even though they should be categorized as non-exempt. Employee misclassification is a commonly cited method used by employers to try to avoid paying higher rates for overtime.
If your employer has failed to pay you overtime, a Washington DC failure to pay overtime lawyer may be able to help you recover back wages as well as damages that may be available to you. Don’t let your hard-earned wages slip away. Work with us and stand up for your rights to receive overtime compensation. Call us at the number below to speak with us now.
