Overtime Pay Is Not Straight Time

Overtime pay is not paid as straight time. Overtime pay is calculated at 1 ½ times the employee’s regular rate of pay.  Two recent cases found  employers paying only straight time no matter how many hours are worked. Both employers were located in smaller towns but in different industries. Workers in small towns or rural areas are some times without a lot of job choices. These workers are particularly vulnerable to being cheated out of overtime.

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Steak ‘n Shake Working Managers Win Overtime

When does a “manager” get overtime pay? Some managers sit in a back office and supervise, without getting their hands dirty. Other “managers” are working supervisors out on the floor with the same job duties as the workers they supervise. Who is exempt from overtime pay?

On May 10, 2019, a judge ordered Steak ‘n Shake to pay $7.7 million in back pay and liquidated damages for misclassifying store managers as exempt employees and failing to pay overtime.

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Peachtree City, GA – Fatal Plane Crash in Gordon County

Travel Time Between Job Sites is Paid Time

This new case involves an employer in the window installation and repair business. The company failed to pay installation crews for travel time spent driving between job sites during the work day.   It failed to pay window technicians for time spent loading and unloading materials.  Further, bonuses paid to lead technicians should be used when calculating overtime rates.

Window Restoration Acquisition Corp. paid $45,257 in back wages and liquidated damages to seven employees for violating the overtime provisions of the Fair Labor Standards Act (FLSA).

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