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5 Common Overtime Mistakes

The following are some common ways that employers violate the FLSA. If any of these situations have happened to you, then you may have a claim for unpaid overtime or unpaid wages:

Misclassifying workers as "exempt" from overtime
To be "Exempt", an employee must generally be an executive, administrative, or professional employee. Companies will try to fit employees into these categories even where the law does not allow for it.
More Information - Are You Exempt?

Making employees work off the clock
Employers may tell workers to clock out and finish their work. They may say something like "Well you have to stay until it gets done, but I'm not paying you for it. You should have gotten finished with it during your shift."
More Information - What Are "Hours Worked?"

Denying an employee overtime because it wasn't "approved" in advance
Bosses tell employees that they can't work overtime unless it is approved. They also tell them that they won't pay them for the hours they do work unless it is approved in advance. The law says if your boss knows you work it, or he reasonably should know you do so, you are entitled to the pay.
More Information - What Are "Hours Worked?"

Paying an employee "straight time" rates for overtime work
If an employee makes $10 per hour, he should get paid $15 per hour for overtime hours. Some employers only pay employees their straight time rate ($10 in the example) for hours they work.
More Information - Failing to Pay the Proper Overtime Rate

Failing to count all hours an employee works
Employers often fail to give 30 minutes free from duty for lunch breaks. They also fail to count travel time or they don't count short breaks as hours employees should be paid for.
More Information - What Are "Hours Worked?"

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