Common Overtime Pay Violations

The Fair Labor Standards Act (FLSA) protects an employee’s right to receive a fair week’s pay for a fair week’s work. When a non-exempt employee works overtime for their employer, they have a right to be paid 1.5 times their regular rate of pay for every hour worked over forty per week.

Unfortunately, employers don’t always play by the rules. Every year, employers large and small cheat employees out of their rightfully earned overtime wages. This is known as “wage theft” because employers who violate the FLSA’s overtime requirements are effectively stealing wages that belong to their employees.

Employers who cheat their employees out of the overtime wages they have earned often try to hide, excuse, or blame others for their overtime-pay violations. The following is a list of some of the most common overtime-pay violations:

  • misclassifying employees as exempt from the FLSA’s overtime pay requirements;
  • mislabeling employees as independent contractors;
  • requiring or allowing employees to perform off-the-clock overtime work;
  • keeping inaccurate or incomplete time records that underreport the number of hours that an employee worked; and
  • miscalculating the regular and overtime rates of pay under the FLSA.

Please note that the list of common overtime pay violations above is not comprehensive. There are many other ways in which an employer may violate the FLSA’s overtime requirements.  Please return to this page periodically for updates and new entries to the list.

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