Failure to Pay Overtime
The Fair Labor Standards Act (FLSA) is the federal law that governs the payment of overtime pay. Under the FLSA, the general rule is a simple one: all employees are entitled to be paid time-and one-half for all hours worked in excess of 40 hours in a workweek. Importantly, the entitlement to overtime pay is not limited only to employees paid on an hourly basis; rather, and “contrary to popular belief,” the right to be paid overtime extends to many salaried employees, including some well-paid salaried employees.
As with any general rule, however, there are exceptions, and, when it comes to overtime pay, those exceptions (known as exemptions) are of critical importance. There is an exemption for certain “executive employees;” one for certain “professional employees;” and one for certain “administrative employees.” Because there is a lot of “gray area” with each of these exemptions, an in-depth and finely tuned understanding of the law is critical in determining whether an employer has failed to properly pay overtime pay.
Attorneys Richard Schall and Patricia Barasch have handled numerous cases involving the right to overtime compensation, including a major class action litigated over the course of several years on behalf of more than 100 highly skilled technical employees working for one of New Jersey’s largest corporations. That case is typical of our willingness to tackle the most complex legal issues in employment law and to take on any corporation no matter how large or how wealthy.
If you believe your right to overtime pay may have been violated, please contact our firm by completing the on-line Questionnaire accessible on every page of our website.
Practice Areas
Schall & Barasch LLC
Attorneys At Law
Moorestown Office Center
110 Marter Ave., Suite 302
Moorestown, NJ 08057
Tel. 856.914.9200
Fax 856.914.9420
This website is designed to provide general information only. It does not provide, nor is it intended to provide, legal advice of any kind. Instead, if you are in need of legal advice, you should consult with an attorney of your choosing who can review with you your individual situation.