Construction Law
Defenses Against Overtime Claims
For all companies in all industries, but especially construction, it’s critical to maintain a harmonious work in environment. This is an environment in which respect flows freely between employers and employees. Part of this is the understanding that employees will be compensated for completed work. You want this for your workers but, sometimes, there are conflicts involving the specifics of what it owed to an employee. One of the biggest areas of confusion is overtime pay. Conflicts arise when employees feel that they are not receiving the proper compensation for their work. This can lead them to file a claim with the Equal Employment Opportunity Commission (EEOC) and, potentially, a lawsuit. If successful, you may owe your employee back pay and liquidated damages. To protect your interested, it’s wise to contact a Jacksonville construction lawyer from Cotney Attorneys & Consultants to guide you in situations involving overtime defense.
Understanding Rules on Overtime
The Fair Labor Standards Act (FLSA) states that employers must provide overtime wages to employees who work more than 40 hours in a week. In recent years, numerous attempts have been made to increase the minimum salary threshold for overtime eligibility. There was no definitive change at the time this article was written and, thus, employees must make $23,660 or less to be eligible for overtime pay. Also, employees involved in farming, sales, and at home care, are typically exempt for receiving overtime.
Defenses Against Overtime Claims
When an employee files a claim against your company for overtime pay, they are attempting to prove that they are eligible to receive overtime compensation and that you knowingly denied them of it. To combat the claim, a Jacksonville construction lawyer may employ the following defenses:
Employee is Exempt From Overtime Compensation
This is the most common defense. Employees may not have a true understanding of what makes them eligible for overtime. Additionally, they may not have worked the hours needed to qualify. In either case, an employer must provide evidence to prove the point.
Good Faith Defenses
Employers may also assert that it wasn’t their intent to violate a law regarding overtime pay and that they made a “good faith” effort to handle the situation in the proper matter. To do this, employers must be able to either prove that the acted in accordance with a written ruling from the Wage and Hour Division of the U.S. Department of Labor or that they reasonably believed that they were not violating any law.
To request a consultation with one of our Jacksonville construction lawyers, please call us today at 904.425.5030 or submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.