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Unpaid Overtime

Unpaid Overtime Employee Lawsuits

Unpaid Overtime | Lawsuits, Lawyers | Employees: Wage Losses, Financial Loss | Employer Required To Pay Time And A Half, FLSA, Fair Labor Standards Act

Under the Fair Labor Standards Act (FLSA), employers are required to pay overtime to all employees working more than 40 hours per week in most situations. Under FLSA, employers must pay eligible employees who work more than 40 hours in the workweek at least one and one-half times their regular rate of pay for the overtime hours (hours worked over 40 in a workweek). FLSA defines a workweek as seven consecutive 24-hour periods, or 168 consecutive hours.

If an employee is covered by the FLSA, an employer cannot disregard an employee’s overtime hours, even if the employee agreed to work for a fixed amount of pay, regardless of the number of hours actually worked.  While the method of calculating the overtime due to the employee may vary, the employee is entitled to overtime pay for all hours over 40 worked during any given work week.  The amount of pay an employee is owed can only be determined by knowing the total number of hours actually worked by that employee in each workweek. An employee must be paid for all of the time considered to be hours worked and all time that is hours worked must be counted when determining overtime hours worked.

Under the FLSA, the following categories or classes of workers are automatically eligible for overtime pay, regardless of how much they earn:

  • “Blue collar” workers or other manual laborers who perform work involving repetitive operations with their hands, physical skill and energy
  • Police officers, fire fighters, paramedics and other “first responders”
  • Licensed practical nurses
  • Paralegals

Legal Help For Victims Affected By Unpaid Overtime

If you feel you were wrongly denied overtime compensation, you have valuable legal rights. Contact Parker & Waichman, LLP today to have an experienced labor attorney evaluate your case for free.  To request an evaluation simply complete the form on the right of this page or call 1-800-YOURLAWYER (1-800-968-7529).


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$15.45 Million Settlement in Oregon Court to be Paid by FedEx

Jan 30, 2017
$15.45 Million Settlement in Oregon Court to be Paid by FedEx In December 2016, a dispute that had been active for about ten years was resolved in federal court in Oregon. The allegations against FedEx were brought by drivers who were working as independent contractors, when from the point of view of the plaintiffs, they were actual employees of the company. The class action Oregon Employment lawsuit included approximately 400 plaintiffs. Class actions are large cases brought by many...

Novartis Agrees to Settle Drug Rep Overtime Lawsuit

Jan 26, 2012 | Parker Waichman LLP
After six years of litigation, Novartis Pharmaceuticals Corp. has agreed to pay $99 million to settle a class action lawsuit brought on behalf of pharmaceutical sales reps who allegedly were illegally denied overtime pay for working more than 40 hours per week. The deal has been tentatively approved by  U.S. District Judge Paul Crotty in Manhattan. However, the Novartis overtime settlement is still subject to final approval, and a fairness hearing has been scheduled for May 31.The lawsuit...

Unpaid Internship Practices Targeted by Black Swan Lawsuit

Sep 29, 2011 | Parker Waichman LLP
Two interns who worked on the blockbuster hit movie "Black Swan" are out to change the way the movie industry treats unpaid interns.  According to a lawsuit filed in federal court in Manhattan against Fox Searchlight Pictures, the studio's treatment of unpaid interns violates federal and state labor laws. Plaintiff Eric Glatt of Brooklyn, New York, was supposed to be an accounting intern for "Black Swan", while Alexander Footman of Takoma Park, Maryland, came aboard as a production...

Home Builders Target of U.S. Wage Theft Investigation

Sep 9, 2011 | Parker Waichman LLP
PulteGroup Inc., Lennar Corp., D.R. Horton Inc., KB Home and other home builders around the country are targets of a wage theft investigation being conducted by the U.S. Department of Labor.  The Department wants to know if the home builders have been complying with the Fair Labor Standards Act, especially in the areas of minimum wage and overtime pay.According to The Wall Street Journal, builders have received letters from the Department of Labor demanding that they immediately turn over...

Unpaid Overtime Lawsuits Often Big Winners for American Workers

Sep 25, 2007 | Parker Waichman LLP
As the American workday becomes increasingly longer, many employers look for ways to avoid paying workers the overtime pay that they deserve.   But lately, some of those employees have been taking their bosses to court to recoup unpaid overtime – and many of them are winning.According to an article in BusinessWeek magazine, some of the nation’s biggest employers, including Wal-Mart, Starbucks, IBM and Merrill Lynch, have all been sued – repeatedly- by employees...

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