Overtime Issues in Virginia FLSA Cases

Both federal and state laws govern the payment of overtime. However, not every employee is eligible for this program. Many workers, including those who work for a salary, or those paid by commission can never claim overtime. Still, others are engaged in a profession or a field that is exempt from paying overtime to hourly workers.

It is vital that employees understand the overtime laws that govern their work. Common issues may arise that prevent them from collecting the full pay to which they are entitled. Overtime issues in Virginia FLSA cases can be intimidating. An attorney could help workers to understand their rights under the law and to file complaints to collect the full benefits of their work.

The FLSA and Overtime

The Fair Labor Standards Act, or FLSA, is the federal law that governs many aspects of the workplace. Specifically, it controls the minimum wage, overtime rules, and recordkeeping requirements. In terms of overtime, the law states that all hours worked in excess of 40 in a seven-day period must be paid at a rate of 1.5x the normal hourly wage.

For example, if a worker is earning an hourly wage of $7.50 per hour, all hours worked over 40 in any week must be paid at a rate of $11.25. While some states have taken the step of increasing the protections provided by the FSLA, Virginia has declined to do so. As a result, the minimum protections provided by federal law apply to all Virginia workers.

Calculating the Hours Worked in a Week

One common source of issues in Virginia overtime disputes is how many hours an employee worked in a week. As discussed above, all hours worked in excess of 40 earn the bonus rate. The FLSA defines a workweek as a fixed schedule involving a continuous seven day a week, 24 hour a day schedule.

In simple terms, this means that the calculations for overtime must begin and end on the same day of the week. For example, if an employee works on a typical Monday through Friday schedule, their workweek hours run from the first Monday to the next Monday. This includes all hours worked over the weekend.

Employers may attempt to deceive a worker by assigning uneven hours on certain days of the week to make the employee believe that they have not worked 40 hours in a given seven-day period. This is illegal, and this sort of wage manipulation can be the source of a wage lawsuit against an employer.

Which Workers are Exempt from Overtime Rules

Not every employee in Virginia can collect overtime pay. There are certain industries that never need to pay overtime, even to hourly workers. These include:

  • Railroad workers
  • Truck workers
  • Outside salespeople
  • Supervisors

Other workers may not qualify for overtime if they make over a certain amount of money in a given week and are paid a salary. A salary simply means that they do not track their hours and expect a set pay amount every week. All salaried workers that make over $455 a week do not qualify. Nor do employees who work as executives or administrators. An attorney could help workers to understand if they qualify for overtime pay.

Overtime Issues in Virginia FLSA Cases are Common Sources of Wage Litigation

Federal rules concerning overtime form a core portion of the FLSA. These laws require employers to pay many workers at a rate of 1.5x their normal hourly wage for all hours worked in excess of 40 in a week. Any failure to do so can allow an employee to file a complaint with the Department of Labor or even to take their employer to court.

An attorney could help workers to evaluate whether they have received all the money to which they are entitled. They could then lead the way in taking legal action to recover any lost wages. Contact an attorney to learn more about the overtime issues in Virginia FLSA cases.