
What are unpaid wages, commissions, and overtime violations?
This is the most straightforward wage and hour violation and it occurs when an employer fails or refuses to pay an employee for overtime at the required rate. Overtime under Section 207 of the Fair Labor Standards Act ("FLSA") requires one and a half times the regular rate of pay for hours worked over 40 hours a week. The 7 day workweek is the time measure by which this provision is applied. Section 207 governs the maximum hours and overtime compensation for employees who are within the general coverage of the FLSA and are not exempt from its overtime pay requirements. The employment of an individual in any occupation covered by the FLSA in any given workweek brings the overtime provisions into play. Covered employers are prohibited from requiring any employee to work in excess of the maximum hours without paying the employee at the applicable overtime rate. The majority of states also have drafted and adopted statutes that mirror the FLSA and also require employers to compensate employees for overtime at a rate of time and one half the regular rate of pay.
