There is no circumstance in which an employee is not entitled to time and a half. If they have worked more than 40 hours in one week, they can agree to take straight time, but if they want to come back and sue the employer later, they can sue the employer for that time and a half that they did not pay.

If you believe you may be have been paid the wrong overtime rate, contact a wage and hour attorney in Tampa as soon as possible. An experienced lawyer can craft a claim to help recover just compensation on your behalf.

Bringing Forward a Claim

If an employee is non-exempt and works over 40 hours a week, the FLSA states that they are due time and a half their hourly rate. When this occurs, an attorney will take the case and file a lawsuit.

For example, if an individual is getting paid $10 an hour and got straight time for those extra hours, then an attorney will sue for the $5 that they were not paid but are owed for working over 40 hours in that work period. An individual’s wrong overtime rate in their Tampa wage and hour case can be amended through the use of an experienced attorney.

Certain Exemptions

The FLSA states that there is no time where it would be appropriate to pay halftime to an employee. An individual can do straight pay in a few recreational and amusement park exemptions.

For example, if the company makes 66.66% of its revenue in any six months of the year and the person is in a recreational or amusement type of business, then they can be paid straight time for anything past 40 hours because they are exempt from the FLSA altogether. Any companies that are not exempt from the FLSA must pay time and a half for anything worked over 40 hours a week.

Commercial Drivers

There is a motor carrier exemption 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.

To be eligible for overtime pay, the employee must spend more than 40 hours per week if they are in a small motor vehicle. If a truck driver believes they may have been served the wrong overtime pay in their Tampa wage and hour claim, it is pertinent that they contact an attorney as soon as possible. This is a different exemption than the small vehicle exemption. The small vehicle exemption applies to employees of a motor carrier or motor private carrier. It also applies to any workweek that the employee has worked, in whole or in part, as a driver, driver’s helper, loader, or mechanic.

This qualifies for job positions that affect the safety and operation of a motor vehicle weighing 10,000 pounds or less in transportation on public highways in interstate or foreign commerce except vehicles that transport more than eight passengers or vehicles that are transporting hazardous material. As a point of note, a federal statute such as the FLSA applies across state lines.

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