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.
I. Stone Countertop Company.
In Waynesville, N.C., a granite and quartz countertop installation company will be forced to pay $23,348 in back wages and liquidated damages to 13 employees for violations of the overtime requirements of the Fair Labor Standards Act (FLSA).
Vandelay Stone Tops Inc. paid employees straight-time rates for all the hours they worked. This fails to pay overtime when they worked more than 40 hours in a workweek. The FLSA requires employers to pay overtime at time-and-one-half employees’ regular rates of pay for hours they work beyond 40 in a workweek.
II. Buckner’s Family Restaurant.
In Jackson, Ga., a family restaurant will be forced to pay 100,326 in back wages and liquidated damages to 26 employees for violated the overtime requirements of the Fair Labor Standards Act (FLSA).
Buckner’s Family Restaurant LLC paid employees straight-time rates for all the hours that they worked, without regard to whether they worked more than 40 hours in a work week. This practice resulted in violations when employees worked more than 40 hours in a workweek without being paid overtime, as the law requires.
III. Cheated Out of Overtime.
Jobs can be hard to find for workers in rural areas or small towns. Wages in those areas are often low because there is not a lot of competition among employers to find workers when so many are looking for jobs. These workers are particularly vulnerable to abuse by employers who pay straight time for all hours worked. These workers are being cheated out of overtime pay at 1 ½ times their regular rate of pay.
The Ken Nugent Overtime and Unpaid Wages team of attorneys covers the entire state of Georgia. We have eight Georgia offices ready to protect workers in small town and rural areas who are being cheated on their earned overtime. We have an office with overtime attorneys near you: Albany, Atlanta, Augusta, Columbus, Duluth, Macon, Savannah, and Valdosta.
The Ken S. Nugent, P.C. Overtime and Unpaid Wages Team of attorneys can help employees collect (1) back wages for all “Hours Worked” and any unpaid overtime, plus (2) liquidated damages in an additional amount of the same back wages and overtime, and (3) attorney’s fees and costs.