Overtime

Are you Entitled to Overtime?

To determine whether you are entitled to overtime, it is important to determine whether you are exempt or non-exempt from overtime. To be exempt means you do not get overtime and to be non-exempt means that you do get overtime. An analysis of your job duties or description needs to be conducted to determine if you are entitled to overtime.

Often times employees who are owed overtime are simply not paid the overtime they are owed, like those that work in retail store, insurance company, law firms or restaurant, as examples.

Overtime cases also arise when employees are not paid properly for:
- working more than 8 hours in a day (time and a half),
- working more than 12 hours in a day (double time),
- working more than 40 hours in a week (time and a half),
- travel time between job sites,
- activities before and after your shift starts,
- activities to prepare for work that are central to work activities,
- working for seven or more consecutive days out of seven,
- working 72 hours in a week.
Overtime Wages are wages of 1.5 times your regular rate.

How Do I Get Overtime I am Due?

Sometimes businesses do not realize that they are supposed to pay overtime for certain employees.

Other times, businesses make a simple calculation of the cost of paying overtime versus the cost of not paying overtime and taking the risk that they will not be sued for failing to pay it. Depending on how many employees will be affected, the reward of not paying overtime to their non-exempt employees may be lower than the risk for them getting sued for it.

At Deskin Law Firm we will help you determine whether we believe you are entitled to overtime by looking at the particulars of your employment situation. If we determine that HTTP/1.1 200 OK Date: Wed, 23 Jul 2008 18:30:38 GMT Server: Apache Set-Cookie: SESSd891ea98ea31bb468141b000ce4b1fff=5a5af3a2dd627482fe744248cf07cc9a; expires=Fri, 15 Aug 2008 22:03:59 GMT; path=/; domain=.deskinlawfirm.com Expires: Sun, 19 Nov 1978 05:00:00 GMT Last-Modified: Wed, 23 Jul 2008 18:30:39 GMT Cache-Control: store, no-cache, must-revalidate Cache-Control: post-check=0, pre-check=0 Connection: close Transfer-Encoding: chunked Content-Type: text/html; charset=iso-8859-1 200 OK

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