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Hilton Head, SC Overtime Attorneys
Federal law requires most employers to pay overtime pay — 1.5 times the normal hourly wage — to most employees who exceed 40 work hours in a workweek. Unfortunately, not all employers comply with the law. At Morgan & Morgan, we understand that your employer’s failure to follow overtime law literally takes money from your pocket. If your employer is not properly paying you for overtime, find out how our wage & hour attorneys can help you by filling out a free case evaluation form.
Fair Labor Standards Act
South Carolina employers are governed by the Fair Labor Standards Act (FLSA), a federal law. Among other requirements, the FLSA mandates payment of overtime pay. Whether intentionally or unintentionally, some employers may misapply exemptions, miscalculate hours, or mislead as to which activities can be included as work hours, thereby depriving employees of overtime pay to which they are entitled.
Understanding and applying the FLSA can be difficult, so don’t go it alone. If you think you aren’t being paid the overtime pay you are owed, contact a Hilton Head attorney today to assist you in assessing your case.
Overtime violations could take the form of:
- Misclassification: Certain types of employees are considered “exempt” from the overtime pay requirement. Your employer may have misclassified you as an exempt employee, wrongfully making you ineligible for overtime pay. The list of exempt classes of employees, which is supplemented by numerous Department of Labor rulings and interpretations, is complicated. Our wage & hour attorneys can assist you in determining if you may have been a victim of misclassification.
- Miscalculation: Calculation of hours must be made on a weekly basis, not on a pay period basis. Your employer’s failure to calculate hours accurately may lead to a miscalculation and resulting failure to pay overtime. For example, if you get paid every two weeks, your employer cannot total your hours for the two weeks and halve it to determine if you’ve worked over 40 hours per week. Instead, they must look at the hours specific to each week. If your hours are being miscalculated, contact our attorneys right away.
- Misleading: Your employer may incorrectly tell you that you can’t count certain activities toward your work hours, such as, putting on and taking off safety gear before and after your shift. Under the FLSA, most work-related activities must be included as time worked. One of our wage & hour attorneys can help you determine whether all of your work-related activities are being properly counted.
The FLSA is complicated, and challenging your employer’s practices can be awkward. That’s why you need the assistance of the experienced wage & hour attorneys at our Hilton Head office. We will review your paperwork and, if we find improper practices, contact your employer for you and file a lawsuit if necessary. Contact us today to start the process of recovering your unpaid overtime pay.
No Out of Pocket Costs
At Morgan & Morgan, we understand that an employer’s failure to pay for overtime can have detrimental effects not only for you, but also your family. That’s why we work on a contingency fee basis. We get paid only if we successfully resolve your case.
If you or a loved one have been the victim of an employer’s failure to pay overtime, contact a Hilton Head wage & hour attorney today.