Fair Labor Standards Act (FLSA) Questionnaire: Are You Being Paid Fairly for Overtime?

As an employee, you have the right to fair compensation for your work. Under the Fair Labor Standards Act (FLSA), most employees are entitled to receive overtime pay for hours worked beyond 40 in a workweek, typically at a rate of 1.5 times their regular pay. Unfortunately, many workers are unaware of their rights, and some employers may fail to properly compensate their employees for overtime hours worked.

If you believe your employer is not paying you the overtime wages you’re owed, it’s essential to act quickly. The Weiser Law Firm offers a Fair Labor Standards Act questionnaire that helps you determine whether you’re eligible to make a claim for unpaid overtime wages. In this blog post, we’ll discuss what the FLSA is, who is covered under the law, and how our FLSA questionnaire can help you assess your eligibility for overtime compensation.

Understanding the Fair Labor Standards Act (FLSA)

The Fair Labor Standards Act is a U.S. federal law that sets standards for wages and overtime pay. The FLSA covers most private and public sector employees, and its primary provisions include:

  • Minimum Wage: The FLSA establishes a federal minimum wage, although some states and localities set higher minimum wage rates.
  • Overtime Pay: Employees covered by the FLSA are entitled to overtime pay for any hours worked over 40 in a workweek at a rate of at least 1.5 times their regular pay.
  • Recordkeeping: Employers must maintain accurate records of the hours worked and wages paid to employees.
  • Child Labor: The FLSA restricts the employment of minors in certain hazardous jobs and limits the number of hours they can work.

While the FLSA sets minimum standards, it is important to note that many states have their own labor laws that provide greater protections for workers.

Who is Covered by the FLSA?

The FLSA does not apply to all employees. There are several factors that determine whether an employee is eligible for overtime pay. Generally, employees can be categorized as:

  • Non-Exempt Employees: These employees are entitled to overtime pay for hours worked beyond 40 in a workweek. Non-exempt employees include most workers in manual labor, clerical, technical, service, and many other types of jobs.
  • Exempt Employees: These employees are not entitled to overtime pay. To be considered exempt, an employee must meet specific criteria set by the FLSA, which generally includes earning a minimum salary threshold and performing certain types of duties, such as executive, administrative, or professional work. Common examples of exempt positions are salaried managers, professionals, and certain highly compensated employees.
  • Independent Contractors: Independent contractors are generally not covered by the FLSA. However, many workers who are misclassified as independent contractors may actually be entitled to overtime pay if they meet the criteria for employee status under the law.

Determining whether you are a non-exempt or exempt employee can be complicated. If you believe you have been misclassified, it is important to consult with an experienced attorney.

Why is Overtime Pay Important?

Overtime pay is not just a “perk” — it is a legal entitlement that helps protect workers from being exploited. For many employees, overtime pay is essential for their financial well-being. If you are working extra hours, it’s important that your employer compensates you fairly for the time you invest.

The FLSA requires that non-exempt employees be paid time-and-a-half for any hours worked over 40 in a workweek. If your employer is not following this rule, you may be entitled to back pay for the overtime wages you should have received.

Common scenarios where employers might fail to pay overtime include:

  • Misclassifying employees as exempt when they should be non-exempt
  • Failing to pay overtime for hours worked over 40 in a workweek
  • Not paying overtime for certain types of work (e.g., off-the-clock work or work done remotely)
  • Deducting time for breaks or lunch periods incorrectly

If you suspect that your employer has violated the FLSA and owes you overtime, it’s important to know your rights and take the appropriate steps to recover the wages you’re owed.

How Can the Fair Labor Standards Act Questionnaire Help?

The Weiser Law Firm’s Fair Labor Standards Act questionnaire is a simple tool designed to help you determine whether you are eligible to make a claim for unpaid overtime wages. This questionnaire is confidential, and by completing it, you can gain a better understanding of whether your employer has violated your rights under the FLSA.

Here’s what the questionnaire will help you determine:

  1. Are you a non-exempt employee? This section will help you determine whether you are eligible for overtime pay under the FLSA based on your job duties and compensation.
  2. Did you work over 40 hours in a workweek? If you consistently work over 40 hours in a week and do not receive overtime pay, this is a red flag for potential FLSA violations.
  3. Is your employer failing to pay you the proper overtime rate? Even if you are classified as non-exempt, your employer may still fail to pay the correct overtime rate. The questionnaire will ask you about your pay structure and whether overtime is being calculated correctly.
  4. Have you been misclassified as exempt? If your employer has incorrectly classified you as exempt from overtime pay, the questionnaire can help you identify if you should be classified as a non-exempt employee based on your job duties and salary.
  5. Has your employer asked you to work off-the-clock? Many employees are asked to work off-the-clock or during lunch breaks, which is a violation of the FLSA. This section will help you determine whether your employer is violating your rights in this area.
  6. Have you worked remotely or from home without being paid for overtime? If you work remotely or from home, you may still be entitled to overtime pay for hours worked beyond 40 in a week, especially if you are a non-exempt employee.

Once you’ve completed the questionnaire, the Weiser Law Firm will review your responses and provide you with guidance on whether you have a valid claim. If you are eligible to file a claim for unpaid overtime wages, our attorneys will help you understand the next steps and advocate on your behalf.

What to Do if You Believe You’re Owed Overtime Wages

If you’ve completed the FLSA questionnaire and believe you are entitled to unpaid overtime, the next step is to take action. Here’s what you can do:

  1. Consult with an Experienced FLSA Attorney: If the questionnaire indicates that you may be eligible to make a claim, it’s important to speak with an attorney who specializes in wage and hour laws. The attorneys at Weiser Law Firm have years of experience helping employees recover unpaid wages.
  2. Gather Documentation: Collect any evidence that shows you worked overtime hours, including timesheets, pay stubs, emails, or other records. The more documentation you have, the stronger your case will be.
  3. File a Claim: If your attorney determines that you have a valid claim, they will assist you in filing a complaint with the U.S. Department of Labor (DOL) or pursuing a lawsuit against your employer.
  4. Know the Statute of Limitations: The statute of limitations for filing an FLSA claim is typically two years from the date the violation occurred, or three years if the violation was willful. It’s essential to act quickly to protect your rights.

Conclusion

The Fair Labor Standards Act is designed to protect workers from being exploited and ensures they are compensated fairly for the work they perform, including overtime. If you believe your employer has failed to pay you the overtime you’re owed, our Fair Labor Standards Act questionnaire can help you assess your eligibility for a claim.

At the Weiser Law Firm, we understand how important it is for workers to be compensated for their time and effort. If you’ve completed the questionnaire and think you may be entitled to unpaid overtime, don’t hesitate to contact us. Our team of experienced attorneys is ready to help you get the justice and compensation you deserve.

Call to Action:

To get started and determine if you’re eligible for an overtime claim, fill out our Fair Labor Standards Act questionnaire today! If you have any questions or need assistance, don’t hesitate to reach out to us at the Weiser Law Firm. We’re here to help protect your rights and ensure you receive fair pay for your work.