Employment Law

Overtime Pay Disputes

Posted by on Mar 15, 2014 in Employment Law | 0 comments

Employees all across America, whether citizens or foreigners hired for permanent employment, are covered and protected by federal and state laws against any form of discrimination, most especially,  on wages and overtime pay. And, based on the principle, “A laborer is worth his wage,” all employers are, therefore, morally and legally obliged to pay their employees for every minute spent on work.

The Fair Labor Standards Act (which was passed into law in 1938) and the Portal-to-Portal Act are two federal statutes that give directives, the first, on the national minimum wage, and the second, on overtime pay. FLSA, also known as the Wages and Hours Bill, covers all employees, whether full-time or part-time, and determines the minimum wage and rate of overtime pay.

An article on the website of Melton & Kumler, LLP, an employment law firm based in Austin, likewise explains the task of the FLSA, including implementing changes concerning employee wage, such as the gradual change that employers should make in the minimum pay, from $5.85/hour in July 2007 to $7.25/hour in July 2009.

Overtime pay, or payment for work rendered by employees in excess of their maximum daily or weekly work shift, is computed separately and given a higher value than regular time pay. Overtime pay is hard-earned money. Many American employees go through the sacrifice of giving up a part of their time for rest or family time to be able to take home a bit higher pay than the usual. For parents who need to send their kid/s to school or who need to pay child support, overtime pay is definitely very important as this can enable or help them accomplish a whole lot of other things for their kid/s.

To ensure that employees get the pay they deserve for every minute spent in relation to work, the Portal-to-Portal Act was made into law (in 1947). This law states that whatever work is performed for the benefit of the employer, regardless of place and time, should be considered as work that deserves compensation.

It is a fact that many employers still resort to tactics that can enable them to keep wages even below the minimum pay; some even deny employees the right to render overtime work, despite employees’ eligibility. Being discriminated against wage and overtime pay, but choosing to remain silent about it will only make the unjust practice continue and affect a lot more people. Thus, employees should know that protection against employer retaliation for reporting unjust employment practices is also provided by the law.

The law is an employee’s guarantee to a safe and just workplace. Any employee who opts to look the other way, despite knowledge of an unlawful employment practice, only makes such employee as guilty as the one committing the unjust act. If you believe you have been a victim of this, contact a retaliation lawyer today.

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