McGillivary Steele Elkin LLP has recovered millions of dollars for employees whose employer improperly calculated their overtime rate by failing to include all of the different types of pay such as meal allowances, night shift pay or premium pays, or because they improperly use an all hours worked divisor instead of the 40 hour per week divisor the law requires. Our attorneys have written books and conducted conference panels on overtime pay rights and protections, we have handled numerous cases involving these issues and we are experts on spotting these violations where they occur.
Being Paid Less Than One and One-Half Times Your Regular Rate Of Pay
Or
Miscalculating Regular Rate of Pay Leading To Incorrect Calculation Of Overtime Rate And Pay
In most circumstances, an employer must pay an hourly worker overtime at one- and one-half (1.5) times their regular rate of pay for all hours worked over 40 hours in a workweek. The regular rate must include all forms of payment. For example, shift differentials, special pays, hazardous duty pay, bonuses, longevity pay, incentive pay, and certain cash benefits in lieu of insurance payments are not included in the overtime rate.
Overtime rate or miscalculation violations occur when employers exclude non-discretionary bonuses, shift differentials, longevity pay, incentive pay, and certain cash benefits in lieu of insurance payments from the calculation of the regular rate.
If you think you have been paid overtime at the incorrect rate of pay, do not hesitate to contact us via email at info@mselaborlaw.com or by clicking the Contact Us button.
