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Birmingham Overtime Violations Lawyers
Over 50+ Years of Combined Legal Experience in Your Corner
There are laws in place that require employers to pay all hourly and some salaried employees according to overtime hour standards. Sadly, there are many cases in which unscrupulous employers require their employees to work "off the clock" or fail to pay them overtime premiums for the overtime hours that are worked. Although employers understand these laws, some deliberately try to find loopholes to avoid paying overtime hours.
However, any overtime violation can render an employer liable to pay compensation for damages. It is important to know that the Fair Labor Standards Act (FLSA) mandates overtime pay for some employees who work more than 40 hours in one week. If you believe that you are not being paid for overtime hours that you have worked, then it is important you immediately reach out to Michel | King to discuss pursuing legal action against your employer.
Alabama Overtime Pay Requirements
In Alabama, an employer who either requires or permits an employee to work overtime, is generally required to pay that employee premium pay for those hours. Overtime is considered any hours worked in excess of 40 hours in a work week. The premium pay for overtime hours is, at least, one and one-half times the employee's regular rate of pay. As a result, an employer does not violate the overtime laws by requiring you to work overtime, regardless of how much, as long as you are compensated pursuant to the law.
Did My Employer Violate the Fair Labor Standards Act?
We can help you determine whether your employer violated any part of the Fair Labor Standards Act (FLSA), which establishes overtime pay and other aspects of wages and hours for the private sector and government workers. Under the FLSA, most employees of most businesses in the country are entitled to time and a half (150% of their normal wages) if they work more than 40 hours a week. If a business operates across state lines or generates at least $500,000 a year in sales, then they are required to pay non-exempt employees overtime.
It is important to note that FLSA overtime requirements don’t cover all employees. The following types of employees are exempt from overtime pay:
- Independent contractors
- Seamen and fishermen
- Employees working on small farms
- Employees of seasonal amusement and recreational businesses
- Employees of organized camps and religious and nonprofit conference centers
- Salespeople who regularly work outside of their employers’ offices
- Executive, administrative, and professional employees making $455 or more per week
Common Examples of Overtime Violations
We have helped numerous employees take action against employers who use the following devious means to avoid paying overtime wages:
- Employee misclassification
- Failing to track all of the hours that have been worked
- Miscalculating hourly pay rate
- Forcing employees to work off the clock
- Requiring employees to work through paid and unpaid breaks
- Requiring an employer to perform unpaid work at home
- Failing to pay employees for the time it takes to put on and remove safety clothing and gear at the job site
- Failing to pay for time spent on job-related travel
Call Michel | King at (205) 265-1880 to schedule a consultation.
What Type of Damages Can Be Recovered for Overtime Violations?
Whether your employer mischaracterizes your employment status or undercounts the total hours you work, we are here to help you recover all forms of compensation you are entitled to under the law.
Recoverable damages for overtime violations include:
- Unpaid wages and other compensation you would have received
- Attorneys’ fees and court costs
- Punitive damages
What To Do If You Believe You Have An Overtime Claim
If you believe your employer has denied you appropriate compensation according to the overtime laws, you have options to ensure your rights are protected. Potential violations can be reported to the Wage and Hour division of the United States Department of Labor. The department can investigate your claim and determine whether further action should be taken.
Another option is to take legal action by filing a lawsuit. If you maintain accurate records related to your employment, including your pay records, you will have a better chance of succeeding in civil litigation. Hiring an Alabama employment lawyer who has specialized knowledge and experience with Alabama's overtime laws, will give you an even better chance at success.
Are There Time Limits For Filing A Lawsuit Under The Fair Labor Standards Act?
Most legal actions have deadlines or time limits that must be met. The term "statute of limitation" refers to the time limit for filing certain types of claims in court. Under the Fair Labor Standards Act, a lawsuit must be filed within two years of the alleged violation. There is an exception, however, when there is evidence that the violations were committed willfully and intentionally. In those cases, the statute of limitations is three years. Because Alabama follows the federal laws, the same statute of limitations periods apply.
We Fight for Equal Rights in the Workplace. No Exceptions.
At Michel | King, we understand the severity of the situation that you face because we have helped countless clients in Alabama navigate the legal process. When you choose our firm to handle your case, you can be sure that we will put our 50+ years of combined experience to work for you. If you believe your employer has taken advantage of overtime hour loopholes, then reach out to our legal team in Birmingham so we can advise you and help to ensure you receive the compensation you deserve.
We offer a free confidential case evaluation so that you can obtain the legal advice and information you need to make an informed decision regarding your case. If you would like to discuss your situation with an overtime violation attorney, please call (205) 265-1880.