Under the Fair Labor Standards Act (“FLSA”), a federal law, certain employees are entitled to earn overtime wages, paid at 1.5 times their hourly pay rate. The determination of who is entitled to overtime is based on a number of factors, including job responsibility and income.
When a dispute arises under the FLSA, there are usually two questions. First, are you entitled to overtime pay? This question is typically decided by the court and depends on factual determinations about your job. Usually, administrators, professionals, and executives ARE NOT entitled to overtime pay. And for the most part, all other employees are.
The second question is if you are entitled to pay, how much? This answer depends strictly on the number of hours you’ve worked in a given week. Historically, employers kept the only records of the hours you’ve worked with their official time sheets, leading to a one-sided argument about money owed. Now, however, that is changing, and you can keep your own records very easily.
The Department of Labor (“DOL”), the government organization responsible for overseeing violations of the FLSA, has officially endorsed a time keeping application for smartphones. Currently available only on Apple products and in the Itunes Store, the DOL – Timesheet application allows you to use your smartphone to keep track of how many hours you work in a given week or month. You can enter your hours and your rate of pay, and easily determine how much overtime you’ve worked and therefore how much money you are entitled to with the simple click of a button. Keeping track of your own hours is a great practice, and if there is ever any doubt about your timesheets, the hours you track will help greatly in resolving the dispute.
If you don’t have an Apple product, don’t worry, there are many other time keeping applications available for Blackberry and Android devices. Likewise, future versions of the official Department of Labor application may have Blackberry and Android support.
If you think your employer is not paying you properly for your work, and the hours you have kept track of don’t match the hours your employer has, contact an attorney. Attorneys specializing in the Fair Labor Standards Act can protect your interests and get you the money you’ve earned. They are eager to review your evidence and give you advice. If you think you have a case, our Fair Labor Standards Act attorneys will investigate your claims and help in the preparation of all the supporting documents. Don’t hesitate to contact Borrelli and Associates right now.
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