Common Manifestations of Unpaid Overtime Pay

Jul 1, 2017 by

If you work more than 40 hours a week, it already means you are doing overtime, and on the right conditions, you may be able to get overtime pay. This can also be a legal issue. According to the website of Cary Kane LLP, those who are not compensated properly may take the case to court.

These cases may end with equivalent wage payments, damage compensations, among others. But before achieving those, there should be a case, so how can unpaid overtime pay happen?

Eligibility Issues

One of the heaviest factors that affect these cases is eligibility. Are you really eligible for overtime pay, therefore deserve to receive compensation for your more than 40 hours of work? There are exemptions to overtime pay, such as those that work in delivery services, farms, and various other industries.

Those who have administrative, executive, and even sometimes professional positions are also exempted from overtime pay. If you are exempted from overtime pay, it is just right that you do not receive compensation for your extra hours at work, so you cannot really take the case to court.

Management Issues

Sometimes, it is the employer’s fault why you have not been adequately compensated. This fault can come in two forms – either intentional or unintentional. Whatever is the case, it doesn’t change the fact that you have not been paid.

The most common management issues are the miscalculation of the number of hours you have worked and the miscalculation of wages, usually because of various variables such as commissions and other merits. Eligibility issues can also be the fault of the management, because they also have the tendency to misclassify employees.

Work Conditions

These can also manifest in two ways – the way you work or the way management is requiring you to work. Unpaid overtime pays due to work condition issues often come in these forms:

  • Coming to work too early
  • Staying at work too late
  • Working during unpaid break periods, such as lunch
  • Taking work home
  • Accomplishing administrative tasks in off-hours

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