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Author: Robert Palmer Article source: http://www.articlealley.com/. Used with author's permission.
The federal Fair Labor Standard Acts requires employers to pay their employees time and half their regular hourly rate of pay when the employees work more then 40 hours in a week. This includes employees who work forced overtime or employees who worked off the clock. The employer should know that covered employees that work more then 40 hours a week should be paid overtime. Many employers wrongly believe that paying their employees a salary wage will exempt them from the Fair Labor Standards Act. Even if a covered employee received a salary, unless that employee is actually performing certain types of specified job duties, they will be entitled to receive overtime.
The Fair Labor Standards Act is a national law and therefore, is applied to all the states.
Overtime and the minimum wage must be honored by all employers who are covered by the Fair Labor Standard Acts.
Many employers try to get away with this because they feel like it is too expensive. Luckily, employees have right under the FLSA to file an overtime lawsuit or other wage claim when they are denied these privileges.
The United States Department of Labor (DOL) enforces the federal minimum wage and overtime law. DOL sometimes is not much help at all only because they are understaff and usually have too many complaints and not enough investigators to look into all the complaints. Thus, most employees may want to look into having an attorney to help them get their unpaid wages owed to them.
Employees may want to get their unpaid wages under the federal overtime law once they have been a victim under these unfortunate circumstances like an employer not giving the terminated employee their final paycheck. Under this scenario it is a violation of the minimum wage law because an employee who receives nothing for wages is clearly getting less than the minimum wage.
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Ulises Tarmet is a paralegal who has worked with many California Overtime Lawyers educating many clients about California Overtime Laws.
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