You are most likely familiar with the concept of working overtime and have probably done it at one point or another. It is critical for you to be aware of what the law stipulates about overtime to make sure you are getting fairly compensated for the extra work.
As a caregiver in a nursing home facility, you probably have had to work extra hours at some point in time. But what you may or may not know is that you are supposed to be paid for any extra hour that you work. According to the Fair Labor Standards Act, you qualify for overtime compensation whenever you work for more than 40 hours in a particular week. However, some facilities are not always willing to adhere to these regulations.
Familiarizing yourself with the regulations and guidelines related to overtime will help you to be aware of any such attempts – allowing you to hire a lawyer and fight for what is rightfully yours. Lack of knowledge is usually the main culprit behind dormant responses to the loss of overtime wages. If you do not know your wage and hour rights, then you will likely to lose out on a lot.
Finding a lawyer
You should find a lawyer who is well versed with minimum wage violation laws. You can search online or ask friends or family for referrals. If your facility has ever had abuse cases and lawsuits, you may ask your colleagues about the Cleveland nursing home abuse attorney that handled the case. Often, they will be able to help you out with your overtime case.
What is Overtime?
Overtime is the number of hours worked past the set period of 40 hours per week, as identified by the state wage and hour laws. It is a common occurrence with most professions, as sometimes the work involved with a company requires extended periods to accomplish on time. This money should be paid together with your regular wages under ordinary circumstances.
An easy way of calculating overtime is by adding up all the hours you have been working in the office after it closes. If your job takes place between 9 am to 5 pm, for example, any work done past 5 pm can thus be considered as overtime. Working on the weekends is also viewed as overtime if this expectation has not been stated in your contract.
Who Qualifies for Overtime?
Both salaried and employees on wages qualify for overtime compensation. Calculating the amount owed in this category for the former however is more complicated due to the manner in which they’re paid. Unlike employees on wages who are compensated by the hour, salaried workers receive a steady sum at regular intervals (monthly or annually) and are expected to fill out their 40 hours per week quota for the reimbursement.
What should I do if my Employer Holds back my Overtime?
In cases where your employer refuses to pay you for the overtime you have put in or expects you to provide additional hours without any compensation – hiring a lawyer is the best way to go. An attorney can represent your interests on your behalf, as well as offer a much more formidable force to the employer. Your boss might try to ignore your appeals when you broach the subject, but disregarding the presence of a lawyer is something that is least likely to happen.
You should ensure that you have all the documents necessary to help your attorney present their case, including a record of the hours owed, and the work that was done during that period.