On behalf of Sullivan Law Group APC on Monday, November 5, 2018.
Let us say you are working as a janitor for a well-established furniture upholstery company that has two locations: one in Sorrento Valley and another in Escondido. The company is short on staff at present, so you often need to continue working after your shift is over. However, you do not believe you are receiving proper compensation for time spent working off the clock.
FLSA and overtime
Through the Fair Labor Standards Act, a company must pay nonexempt or hourly employees time and a half for any hours they work beyond 40 hours a week. For example, if you are working for $12.00 an hour and you worked 42 hours last week, your employer should compensate you for overtime at the rate of $18.00 per hour. You should receive a total of $36.00 for those two extra hours, less the appropriate withholding.
Is your employer classifying you properly? Employers will sometimes classify an hourly employee as salaried or exempt to keep from having to pay overtime. Even if you are correctly classified as an hourly employee, the hours of work you put in at both the Sorrento Valley and Escondido facilities must be counted together for the purposes of establishing overtime. The company must also count the time it takes you to travel between the two facilities as hours worked.
As a legal matter, the FLSA requires your employer to keep proper records of the hours you work. Additionally, if you and another family member, such as your spouse, work together as a team, the company must carry both of you on the payroll and compensate you individually for the work you perform. It is also a good idea for you to maintain your own records. Keep track of the hours you work along with your paystubs. If your records do not match those of the company payroll, and you are not receiving proper compensation for overtime, an investigation may be in order.