From Over Time Wiki
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Welcome to the Overtime Wiki,
Overtime Pay, Minimum Wage, and the Fair Labor Standards Act.
Sponsored by the Law Office of Rob Wiley, P.C.
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How to Use this Wiki
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| This wiki has special pages designed for employees, for employers, and for lawyers.
A wiki is an incredible database tool for storing and accessing information. It is hard to think of a better way to organize legal concepts. Textbooks, treatises, and outlines are linear. They are subdivided into volumes and chapters. But legal concepts are interrelated. Understanding whether an employee is entitled to overtime involves looking at the employment relationship, the employer's involvement in interstate commerce, the hours worked, the method of pay, and a variety of defenses the employer can assert. Traditional methods of organizing information on overtime law require the researcher to constantly flip back an forth between concepts.
A wiki is non-linear. You can jump back and forth using hyperlinks. If a particular aspect of an article is unclear, a more specific analysis is often only a click away. Thus a general article like employee contains a number of links to legal tests, cases, and related concepts.
You can search the overtime wiki by using the search box at the right or by typing CTRL-F. If an exact page match cannot be found, the search engine will identify pages that contain your search term and an estimated relevance percent to your search term.
This wiki is also divided into categories. Categories contain a directory of interrelated concepts. Categories are a good place to start a general inquiry. A complete listing of categories is available at the [category directory].
- If you are looking to see whether an individual is entitled to overtime pay and minimum wages, visit the coverage category.
- If you are looking to see how the overtime pay and minimum wage requirements apply to a particular industry, visit the industry information category.
- If you are looking to see whether an exemption to the FLSA's overtime and minimum wage requirements might apply, visit the exemption category.
This wiki is in its infancy. Many pages are still being built. Authorship of pages is not yet open to the public. However, please use the information in this wiki as you would a legal encyclopedia or other educational resource.
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- Class action certified for Body Shop manager overtime case in Rubery v. Buth-Na-Bodhaige, Inc.
- Garment Worker Overtime Case can proceed against true owners in Ling Nan Zheng v. Liberty Apperal Co., Inc.
- Factory Workers proceed to trial for off the clock work in Kasten v. Saint-Gobain Performance Plastics Corp.
- Chase loan officers lose in Whalen v. J.P. Morgan Chase & Co.
- Air traffic controllers were entitled to overtime pay, not comp time in Abbey v. United States.
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About Rob Wiley
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| Rob Wiley is an employment lawyer who advocates on behalf of employees. Mr. Wiley routinely handles wage and hour cases for unpaid and underpaid overtime wages. Mr. Wiley represents employees in individual claims as well as class actions. Mr. Wiley is a graduate of Vanderbilt University and Tulane Law School, with honors. Mr. Wiley practices nationwide and can be admitted pro hac vice (latin for being admitted specially to try a case) in most jurisdictions. Mr. Wiley is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. Mr. Wiley is a member of the National Employment Lawyers Association.
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What is Overtime Pay?
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| Overtime pay is extra pay that an employee receives if he or she works more than forty hours in a week. The Fair Labor Standards Act of 1938 requires employers to pay employees "time and half" rates for each hour worked over forty in a workweek. For example, if an employee's regular rate of pay is $10 per hour for the first forty hours, additional hours must be paid at $15 per hour. It does not matter if an employer tells an employee that he or she is salaried, commissioned, or an independent contractor. The FLSA creates standards that an employer may not change, even if the employee signs an agreement to the contrary. Like all laws, there are exceptions. Some exceptions, such as state laws in California, require an employer to pay an employee even more. If you believe you have a claim for unpaid overtime, you may visit Law Office of Rob Wiley, P.C. online to submit a claim or call 1-800-313-4020.
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Links
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| Law Office of Rob Wiley, P.C.
National Employment Lawyers Association
Department of Labor
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This site does not offer legal advice or information specific to a particular situation.
The content and links available on this site are for educational purposes only and provide only general information. Because content is user generated, you are prohibited from relying on the information contained on this site. No information on this site should be considered as legal advice. Users are strictly prohibited from offering legal advice through this website. If you have a legal question, you should consult an attorney licensed in your community.
