Overtime Violations & Time-and-a half Enforcement

Time-and-a-Half Pay for Every Hour Over 40

Across the United States, federal law dictates that non-exempt workers who work over 40 hours in a given workweek must be paid at least 1.5 times their regular hourly rate for every extra hour worked. In states with expanded protections, workers may be entitled to daily overtime premiums, double-time, or spread-of-hours pay.

Employers regularly attempt to bypass overtime laws by giving employees titles like “manager” or paying a fixed salary. Paying a fixed salary does NOT mean you are ineligible for overtime.

Overtime Schemes We Target

• Flat Weekly or Monthly Salaries: Paying workers a fixed sum without overtime pay.
• Manipulating Workweeks: Averaging hours across two weeks to avoid paying overtime pay.
• Splitting the pay across multiple companies: Splitting up the pay across multiple companies to avoid paying overtime pay.
• Failure to Include Bonuses in Regular Rate: Calculating overtime pay using base pay only, while ignoring mandatory production bonuses or shift differentials.
• Denying Spread-of-Hours Pay: Failing to pay an additional hour’s wage when a shift or split-shift spans more than 10 hours in a single day.

• Worried about your immigration status?
• About not having filed a tax return?
• About not being able to afford to sue?

If you answered yes to any or all of the three questions, you are not alone.

It may surprise you that your answers to these questions DO NOT affect your eligibility to sue and win compensatory and liquidated damages from your current and/or former employer.

You are not alone. Federal labor laws protect all workers regardless of immigration status or tax filing history. Under federal law, when an employer fails to keep accurate time records, the court relies on your credible testimony to calculate what you are owed. We know the tricks employers pull—such as denying you worked there or forging signatures—and we know how to defeat them in court.