Answering Overtime Violations Queries

Because of the present financial crisis, there are many employees who are willing to extend their working hours in order to earn more. However, not all of them are paid accordingly by their employers. Here are some of the most common issues that trouble victims of Overtime Violations.

Eligibility for Overtime Pays

Regular blue-collar and white-collar employees who are paid by the hour are entitled to get overtime pays.

They should receive payment for every hour allotted in their jobs in excess of their 40 working hours a week. This would ensure that workers will be properly compensated for their services to the company.

On the other hand, listed below are some of the jobs and employees who are not eligible for overtime pays:

White-collar workers who have executive, administrative and professional positions

Computer specialists and criminal investigators

Independent contractors and volunteers

Seamen, fishermen, and workers involved in fishing operations

Small newspaper employees and newspaper deliverers

Employees from small time farms

Sales people, domestic babysitters, and switchboard operators

The profession of the abovestated employees prevents them from qualifying for overtime pays even if they have rendered more than 40 working hours for the work week.

Amount of Overtime Pay

Employers can sometimes get away with the scheme of making workers believe that the payment for overtime work is just the same for the regular hourly rate. Most employees are contented with this set-up even though they should be getting more.

The computation for overtime pays would be determined by multiplying 150% with the regular pay that an employee receives per hour.

Also, the overtime pay computation should not include tips and other bonuses given by customers to the employee.

Termination

Some employees are afraid to question their employers of issues regarding their wage because they might lose their job or be demoted.

Workers must be aware that it is their right to inquire about their overtime pays and that they cannot be retaliated against for such queries.

For those who have been terminated for questioning their salary or other similar cases, they must find lawyers who can help them fight the unfair treatment that they receive from their employers.

Reporting Violations

Overtime violation is a serious labor offense. Some would think that it is only a small amount of money and should not be regarded as a grave misconduct but companies have the responsibility to make sure that all their employees rights are protected.

So, anyone who is underpaid for their overtime labor should first talk to the management and asks questions regarding the irregularities and try to sort things out without filing lawsuit.

If the management has been notified but still refused to do anything, the complainant is encouraged to seek the assistance of concerned government agencies and departments that can help them.

In case the worker decides to file a lawsuit against the company he is working for, he must consult a lawyer whose expertise includes employment disputes. This would ensure the claimant that they will be properly compensated for the companys mismanagement or inability to provide rightful overtime pay.