Memphis Overtime Attorney

Have your overtime rights been violated? Call (901) 209-5500 today!

Eligible employees are entitled to overtime pay under the federal Fair Labor Standards Act (FLSA). According to federal laws, typically an employer must pay a non-exempt employee 1.5 times the employee’s regular pay rate after they worked over 40 hours in a week. If an employer fails to pay overtime wages to eligible employees, he or she has the right to file a lawsuit against the employer. Although this seems simple and clearly defined, many employers attempt to tweak the definition of overtime to serve their own purposes and avoid paying their employees for extra work that qualifies as overtime. It is crucial to know the facts about what can and cannot be classified as overtime so you know when you should be paid accordingly.

If you believe you have become the victim of an overtime violation, we encourage you to contact our Memphis overtime lawyers at Donati Law, PLLC right away. Our legal team is experienced with handling all types of wage and hour violation claims and is ready to help you resolve these complicated legal matters.

When you entrust your case to our team, we can provide you with the following:

  • A legal team backed by more than 35 years of legal experience
  • A team that represents clients in Tennessee, Arkansas, and Mississippi
  • A legal team committed to prompt legal assistance

To discuss your case with a Memphis overtime attorney, call Donati Law, PLLC, or fill out a case evaluation form online!

Can A Salaried Employee Receive Overtime?

Salaried employees may be due overtime pay depending on their actual job duties. Under the FLSA, a salaried employee must meet the two following conditions to be exempt from overtime payment:

  1. Earn a specified minimum amount of salary for their job
  2. Perform specific job duties

Oftentimes, salaried employees do not meet the duty requirements for their job title, qualifying them for overtime pay. Our team can assist you in determining if you are eligible for unpaid overtime compensation.

If I Work More than 8 Hours in a Day, do the Extra Hours Count as Overtime?

Overtime, as characterized by the Fair Labor Standards Act, is any time worked over 40 hours in a work week. Because the definition of a “work week” or “work day” differs greatly between jobs, the law allows for some variation in overtime policies. State laws or company policies may count time over 8 hours in a day, or any time beyond a normal schedule, as overtime.

If I am Required to Work at Night or on Weekends, Should I Receive Overtime Pay?

The answer depends on how many hours you have worked during the week, and the policies of the company you work for. According to the Fair Labor Standards Act, nighttime or weekend hours are not necessarily overtime —unless that work extends beyond 40 hours for one work week. So, employers are not federally mandated to provide overtime wages for hours that are outside of a worker’s typical schedule. However, some businesses do provide extra pay for those hours as part of their company policies.

When You May Be Entitled to Overtime Pay for Working Nights and Weekends

You are entitled to overtime pay for any overs over 40 hours in a week that you work. If you work on nights and weekends and that time equates to over 40 hours in a work week, you can receive overtime pay for working nights and weekends.

If you work nights and weekends and your total work hours for the week do not exceed 40 hours, you are not legally entitled to overtime pay. However, you may be entitled to overtime pay for the nights and hours you worked if your employer has a policy that provides overtime pay for off hours.

Why It Is Important to Retain Experienced Legal Advocacy for Overtime Violations

In Tennessee, employees are permitted to report any suspected overtime violations to theDepartment of Labor. However, our legal team recommends that you consult a lawyer before making a claim. A skilled attorney can ensure all the necessary evidence and paperwork is in order before filing a claim. In addition, a lawyer can ensure your rights are protected and that your employer does not take any form of retaliatory action following your claim.

Are You Not Receiving Overtime Pay?

If you are an hourly worker who has worked more than 40 hours in a week, you deserve to be paid overtime. Your checks should reflect your increased pay, but if they do not, your employer may be in violation of overtime pay laws.

At Donati Law, PLLC, our Memphis overtime law attorneys encounter common abuses of the wage and hour laws frequently. We understand how these problems can affect an individual’s standard of living. For this reason, our team stands ready to fight for the rights of employees who have not received compensation for their work. If you believe your employer has withheld compensation from you, we urge you to call our legal team right away.

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Have questions about overtime pay in Tennessee? Get in contact with an experienced overtime law attorney in Memphis at Donati Law, PLLC. Complete our online form to make an appointment.