Talking About Family Court Proceedings

If you put in extra hours over the week at work, you are entitled to overtime pay. According to the Fair Labor Standards Act (FLSA) enacted by U.S. Department of Labor, overtime is considered as hours worked in excess of 40 hours within a week. Of which, employees are entitled to one-and-a-half times their regular pay rate, or 150%. If your employers are required to pay you overtime, but have not, you should speak with a worker's compensation attorney to determine what type of legal action should be taken. You may be required to file a legal case and go to court.

Determining Whether Your Employer Is Required to Pay Overtime

Only employers that are covered under the federal FLSA is required to follow overtime rules that have been established under the federal wage and hour law. Your worker's compensation attorney will need to figure out where your company stands under the law to determine your eligibility. Generally speaking, all businesses that have revenue above $500,000 are subject to following these laws; however, certain businesses, such as hospitals and schools, are covered regardless of the amount of revenue that they bring in. In addition, small businesses that conduct business between states are also covered under the federal FLSA, and are required to pay overtime regardless of the amount of revenue that they generate in a given year. Some states also have their own unique laws as well that may offer you the protection and coverage that you need to request for overtime pay.

Some small businesses are not covered under federal FLSA, and may not be required to pay overtime. In these situations, your worker's compensation attorney may still be able to legally file a request for overtime depending on your local city and state's law. 

Determine Whether Your Employment Status Makes You Eligible for Overtime

If your employer's business is covered under federal FLSA, then you will be eligible for overtime regardless of the type of employment position that you hold; however, if you work for an employer that is considered to be exempt, you will may run into some problems. 

There are also several exemptions that you need to be aware of. The worker's compensation attorney will alert you if you fall under any of these exemptions. For example, under Section 13(a)(1) and Section (a)(17) of the FLSA, certain computer specialists, like programmers and systems analysts, may not be eligible for overtime pay if they make more than $27.63 per hour or $455 per week.

Keep in mind that the amount of overtime pay that you are entitled to in these situations may also depend on the terms and conditions of the contract that you have signed. The worker's compensation attorney will need to carefully scrutinize your employment contract in order to better understand where you stand legally. Although you may not be eligible for overtime according to your position, your contract may have stated different terms and conditions, and your employers may have agreed to pay you for overtime work although the conditions for overtime may differ in comparison to what has been established by the FLSA. 

Conclusion

To prove that you deserve overtime pay, you want to take meticulous records regarding the amount of hours that you have worked every single week. You might want to have another employee act as a witness to prove your claims. An attorney will be able to let you know the type of evidence that you will need, along with the appropriate course of action to take, in order for you to receive the money that you rightfully deserve. If you have more questions about legal points, check out sites like http://www.nccompspecialist.com/.