If an employee exceeds the required number of working hours which require extra effort on his/her part, the employee will be entitled to receive an overtime pay, as a compensation for the extra hours the employee spent working.
There are times when a person's hard work and sacrifice are not recognized and are not properly compensated by the employers of the company that person is working in. It is illegal, unfair, and unjust if an employer fails to compensate the extra work given by an employee.
Overtime and Overtime Claims
It is a work performed by hourly employees that exceeded regular work hours that is required for a week. Any work done by an hourly worker, which exceeded 40 hours a week is known as overtime.
Under the Fair Labor Standards Act (FLSA) of 1938, employers are required to pay his/her workers who exceeded the given 40 hours a week a 150% of the worker's salary for the hours that exceeded the weekly average.
There are both state and federal laws that cover overtime and wage claims. States are granted to give the workers in their area broader overtime protections, compared to what is offered by the FLSA.
Coverage of Overtime Pay
The FLSA requires employers to pay extra for workers who went over the weekly limit that a worker should work. However, there are employees who are not entitled to receive overtime pay, which include:
volunteers
seamen
certain switchboard operators
recreational business or seasonal amusement employees
certain computer specialists like software engineers or programmers who earn $27.6 an hour
newspaper deliverers
casual domestic babysitters
outside salespeople
workers who are engaged in fishing operations
independent contractors
criminal investigators
employees of non-profit or religious centers, as well as organized caps that operate less than seven months in one year
small farm employees
How to file an overtime claim
Complaints regarding overtime pay must be filed within a year after the incident wherein the employer failed to pay for his/her overtime work. The steps in filing an overtime claim are:
type or print the application form
questions that are in the form must be answered completely
include the date and your signature
do not forget to point out whether you want your employer to know your name, as the person who filed the claim
two copies of any documents that that will support your claim, as well as the copy of your records should be submitted
notify the Department of Labor if ever you changed your address
the application must be mailed to the address that was provided
Overtime Claims Attorneys:
Both wages and overtime claims are difficult areas of the employment law, which demands the skills of a professional attorney. When you know that you are supposed to receive an overtime pay but your employer did not give it to you, ask for the guidance and help of these attorneys. These attorneys will make sure that the extra work, effort, and sacrifices you have give will be properly compensated. They will give you all the information, guidance, and support that you need.
Source: http://www.ArticlePros.com/author.php?Jan Camille Canivel
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