The Fair Labor Standards Act (FLSA) defines overtime as time worked beyond the 40-hour-per-week threshold, and is computed as one and a half of the employee’s regular pay. The FLSA requires overtime payments to be applied on a workweek basis, which means an overtime rendered for a particular week is earned for that week, and could not be carried over to the next week within the same pay period.
For instance, if an employee worked 35 hours in the first week of the pay period, and worked another 45 hours in the second week of the pay period, he has to be paid for 5 hours of overtime work for that specific pay period in pursuant to the FLSA. However, some employers choose to violate FLSA’s requirement and instead average overtime work over an 80-hour workweek to evade paying overtime compensation.
If you think your employer is in violation of the FLSA, a Milwaukee overtime lawyer at Habush Habush & Rottier S.C. ® may look into your situation to see if it entitles you to file a claim. Call us at (414) 271-0900 for a free case assessment today.