| Because of the current recession, many employees | | | | administrative position. A job title alone does not |
| have been laid off. Their co-workers, while happy to | | | | exempt a worker from overtime pay. |
| still have a job, have been forced to pick up the slack | | | | People in certain occupations are also routinely denied |
| left after the former employee's departure. As a result, | | | | overtime pay even though they are entitled to it. As an |
| millions of American workers are now doing | | | | example, nurses are generally thought of as exempt |
| "double-duty" at work and putting in lots of overtime. | | | | employees because they are considered "learned |
| To add insult to injury, the Department of Labor | | | | professionals." But, licensed practical nurses and |
| estimates that approximately 70 percent of employers | | | | licensed vocational nurses who are paid hourly may be |
| are not complying with the Fair Labor Standards Act | | | | entitled to overtime pay. Additional violations can come |
| (FLSA) which requires non-exempt workers to be paid | | | | up regarding breaks and meal times for nurses. Some |
| overtime wages if they work more than a standard | | | | employers and staffing agencies automatically deduct |
| 40 hour work week. | | | | these breaks and meal times from a nurse's weekly |
| Since 1937, the Fair Labor Standards Act (FLSA) has | | | | hours even if he or she is too busy to take a break, |
| set the labor standards and guidelines for employers. | | | | but many courts have ruled that these policies are also |
| The FLSA established 40 hours per week as the legal | | | | in violation of the FLSA. |
| work week and requires overtime pay to be due to an | | | | Are you owed overtime pay? You are qualified to |
| employee for hours worked beyond the standard | | | | collect overtime in South Florida if you work more than |
| 40-hour work week. The FLSA also set the rate for | | | | forty hours in a week, even if: |
| overtime wages at 1.5 times the regular hourly wage | | | | - You are paid a salary |
| for each hour worked beyond the 40 hour week. | | | | - You are a tipped employee |
| Often, employers try to get around paying this | | | | - Your job title is manager, but you do very little |
| overtime. They misclassify workers as exempt by | | | | managerial work |
| giving them important-sounding job titles or by paying | | | | - You are paid on a piece work or per trip basis |
| them salaries instead of hourly wages. The labors | | | | - You are not a U.S. Citizen |
| laws have gray areas, though, and there are certain | | | | - You don't have records of all the hours you worked |
| salaried employees who are entitled to overtime pay | | | | Also be aware that the FLSA prohibits an employer |
| and certain job titles that are non-exempt even though | | | | from punishing or firing an employee who has asserted |
| it sounds like the employee is in an executive or | | | | his or her rights to overtime wages. |