Unpaid Overtime & Minimum Wage
The Fair Labor Standards Act (FLSA) establishes requirements for minimum wage, overtime pay, and recordkeeping. Under the FLSA, if you are a nonexempt employee and you work more than 40 hours in a given workweek, then you are entitled to receive 1.5 times your regular rate of pay for every hour you work 40. If you are not paid minimum wage or overtime pay, and you are a non-exempt employee, you may have a claim against your employer.
With a few exceptions, to be exempt from the FLSA’s minimum wage and overtime requirements an employee must: (i) be paid on a salary basis of at least $455 per week, and (ii) perform exempt job duties. The FLSA’s job-duty requirements are too detailed to explain in this summary, but it is important to recognize that many employers improperly classify some jobs as “exempt” even though the positions do not meet all of the FLSA’s exemption requirements.
The FLSA forbids employers from retaliating against individuals who make complaints (whether internal or external) regarding alleged violations of the statute, including complaints regarding unpaid minimum wage and overtime.
If you believe you are entitled to unpaid wages or overtime or were retaliated against for making a complaint about these issues, you may have the right to pursue a legal claim. To discuss your questions regarding unpaid wages or overtime, contact New Orleans attorney Christopher Williams at firstname.lastname@example.org or 504.308.1438.