The Fair Labor Standards Act is a federal labor law that was signed in 1938 and established employees’ right to minimum wage and overtime pay. The FLSA has also gone through several updated regulations throughout the years to protect workers. If your employee has refused to pay you overtime when you were entitled to, contact a seasoned lawyer who is experienced with overtime issues in Tampa FLSA cases. Call today to schedule a consultation with a compassionate attorney to see if you are eligible for compensation.
Employees who work more than 40 hours in a week are entitled to overtime pay, which is time-and-a-half pay. However, there are exceptions for some employees. Employees can also agree to receive straight time pay, which means they would not receive time-and-a-half pay for overtime hours. But if the employee does not agree to straight line pay and the employer still does not pay the correct overtime pay amount, then the employee may be able to file a lawsuit against their employer. If the is the case, an attorney who is knowledgeable about the overtime issues in Tampa FLSA cases could be very beneficial for the employee filing a claim.
An individual may receive straight pay in recreational and amusement park exemptions. Overtime exemptions could come into play if the company makes 66.67 percent of its revenue in any six months of the year and they are a recreational or amusement type of business. This means the amusement or recreational park does not have to pay an employee time-and-a-half for more than 40 hours they worked. White-collar jobs are usually more likely to be exempt from overtime time. For more information about which employees may be exempt and which may not be, call a dedicated lawyer.
Commercial Driver Eligibility
There is a motor carrier exemption for overtime under the FLSA. This exemption includes employees who are employed by a motor carrier or a motor private carrier. It includes drivers, driver’s helpers, loaders, or mechanics whose duties affect the safety and operation of motor vehicles and transportation on public highways in interstate or foreign commerce.
A small vehicle exemption would apply to small trucks that weigh 10,000 pounds or less. The exemption for over small vehicles applies to any work week that the employees worked operating a motor vehicle weighing 10,000 pounds or less in transportation on public highways in interstate or foreign commerce. The exception to this is if the vehicle is transporting more than eight passengers or the vehicles are transporting hazardous material. The exemption does not apply to dispatchers and office personnel.
How an Attorney Could Help
If you believe you are not getting the overtime pay that you deserve, contact an accomplished lawyer right away. An attorney could assess your case and determine if you are entitled to compensation. It can be difficult to determine who is and who is not exempt under the FLSA. This is why it is important to have a lawyer by your side who knows about overtime issues in Tampa FLSA cases and how to file a viable claim.