Overtime claims are making news. Recently Jennifer O'Neill sued her former employer, pop star Lady Gaga (whose real name is Stefani Germanotta) for not paying her overtime pay when she was employed as a personal assistant. Germanotta gave deposition testimony in which she stated under oath that none of her employees get paid overtime. Her position was that O'Neill knew exactly what she was getting into, and she knew there was no overtime, and I never paid her overtime the first time I hired her, so why would she be paid overtime the second time?
Despite Lady Gagas assertions, an employer -- even one who considers herself the Queen of the Universe, is not entitled to ignore the Fair Labor Standards Act. The FLSA is a federal law requiring employers to pay minimum wage and to compensate most employees who work more than 40 hour a week at one and a half times their usual hourly rate for the overtime hours. The standards set out by the FLSA affect more than 130 million workers, both full time and part time, in the United States.
Employees have the right to sue covered employers who fail to follow the law, and it is illegal for an employer to retaliate against an employee for complaining about or filing a valid wage claim. A claim for overtime wages that were unpaid or underpaid can include wages that should have been paid during the past two or sometimes even three years. You do not have to still be employed by the employer to bring a claim.
The Department of Labor Wage and Hour Division has found that some of the most common violations of the FLSA are:
--Failure to compensate for all hours worked.
--Payment of straight time wages for overtime hours worked.
--Misapplied overtime exemptions.
--Use of "comp-time" instead of overtime pay.
Daniel Ross and the wage and overtime attorneys at Ross Law Group are leading overtime lawyers in Texas. If you think your current or former employer owes you money for unpaid overtime, call us today for a free consultation and to get a copy of our Free Guide to Overtime Claims.
You can contact Daniel Ross at 512-474-7677 or online at rosslawpc.com.