The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. Employees also must be paid at least the minimum wage for each hour worked. Employers may try to avoid this law by misclassifying employees as independent contractors, not keeping proper records of hours worked, or working employees off the clock. We have litigated claims under the Fair Labor Standards Act, including collective actions, involving overtime payments, minimum wages and worker misclassification.
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