Your Inherent Right to Overtime Pay
Have you, for some important and valid reasons or as directed by your supervisor or employer, exceeded your regular hours of work? Well then, you may be entitled to receive payment for the hours y...
Have you, for some important and valid reasons or as directed by your supervisor or employer, exceeded your regular hours of work? Well then, you may be entitled to receive payment for the hours you have worked outside of the regular hours.
For the information of every employee who, albeit incredulously, may not know about it, overtime pay is not a baseless benefit or gift from your employer.
Here are the justifiable reasons for overtime pay:
- penalize employers for implementing long hours of work for their employees
- discourage employers from employing smaller number of employees working extended hours just to avoid providing considerable fringe benefits to a larger staff
- employment can be spread on a bigger number of workers
The overtime pay scheme is the main objective for imposing the federal law, Fair Labor Standards Act of 1938 or FLSA. With this, employees can receive fair compensation for the longer hours they worked that may have inconvenienced them and/or their families.
Having consistent and reasonable hours of work has a great effect on employee's productivity as studies have revealed. Thus, both sides benefit from having satisfactory work schedule and provision of premium pay for exceptions to the regular schedule.
The FLSA require employers to pay employees who have worked for more than 40 hours every week, "time and a half" due to the inconvenience they experience for working longer hours.
It is unfair for the employers to cheat their workers out of the overtime pay they are entitled to receive. If you are an employee, keep in mind that you have a legal right to claim your overtime pay since you have earned it. It is through your hard work that your employer has been earning money and his/her business continues to prosper.
Employers' generosity has never been the basis for paying overtime work to employees. It is a fair compensation for employees' extra work notwithstanding the inconvenience, which have helped employers to develop their business.
If your overtime pay has not been paid during the past three years, in the least, you may have the right to receive back pay. The federal law declares your right to such.
If you are not being paid with the overtime pay that you deserve, how should you go about claiming for it?
It is in your best interest to consult and get the professional services of an attorney specializing in overtime claims. He or she will be the one to dig up the facts concerning your unpaid overtime.
If it has been found that your employer deliberately violated regulations regarding overtime:
- You might be entitled to receive double the amount of the overtime pay originally owed by your employer for the last three years through a cash award.
- Your employer would be required to pay lawyer's fees.
Furthermore, if your employer retaliates after you file your claim, your attorney becomes a dependable ally in doing further legal actions against your employer since the law strictly prohibits this. Your attorney is also your best help in knowing how to document your claim. Documentation may strategically help you in settling potential disputes with employer over wrongful termination and/or discrimination.
Find more information regarding overtime claims and consult with overtime claim by visiting http://www.mesrianilaw.com/Los-Angeles-Employment-Lawyers.html
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ABOUT THE AUTHOR
Lala C. Ballatan a.k.a Kay Zetkin discovered the pleasure of writing through her daily journals way back when she was 10. With writing, she felt freedom – to express her viewpoints and assert it, to bring out all concerns -- imagined and observed, to bear witness.