Attorneys James T. Carey and P. Zachary Stewart

Pursuing your Claims. Protecting your Rights.

Overtime regulations and securing the compensation you are owed

On Behalf of | Apr 7, 2020 | Overtime And Wage Issues

Not everyone works in an industry where it is possible to consistently work 9 to 5. For some individuals in West Virginia, working long hours is just part of the job. While this can present challenges when it comes to having a normal personal and family life, it could also spark concerns when it comes to his or her pay. In other words, an employee may question if he or she is being properly compensated for the hours worked beyond the normal work schedule.

Are you working overtime?

A normal workday is typically 8 hours; however, many workers, especially those that work in the oil industry, work beyond those hours. Working, 10, 11 or even 12 hours a day can take a toll on a person. And when a worker is receiving straight pay, which means that they receive the same hourly wage no matter how many hours they work in a day, they see little to no reward or incentive for this added work and strain.

Overtime regulations

Depending on how a worker is classified, overtime pay may not be possible. When overtime pay is available, this allows for a worker to receive time and a half pay for the hours working beyond there set hours, which is typically 8 hours. But this pay is only available for those classified as nonexempt hourly employees.

So, what options does an employee have when they are classified as exempt? This is an area of growing concern, especially when it comes to industries that frequently require workers to work beyond their set hours and much more than 40 hours a week. A recent ruling in Pennsylvania can help illustrate the changes that have been occurring.

Once these changes to overtime regulations in the state are approved, it is estimated that more than 82,000 workers in the state of Pennsylvania will enjoy overtime pay. It was argued that their current rules were outdated, and the updates would allow for more workers to be eligible for time and a half pay. These initiatives in this state could help set the stage for other states to take action.

Taking action

An employee may not be fully aware of their rights when it comes to receiving overtime pay. And for those who believe that they have not been paid the wages he or she has earned, it is important to understand what actions could be taken. A legal professional could help guide a worker through an overtime dispute. Additionally, taking legal actin could help an employee receive the compensation they deserve and have earned.