The Fair Labor Standards Act (FLSA) requires employers to pay covered employees overtime wages at a rate of time-and-one-half for all hours worked over 40 in a workweek. The FLSA protects all Assisted Living Facility Employees whose primary duties are not managerial, administrative, or professional in nature. Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime.
Employers in the Assisted Living industry often violate the FLSA by failing to pay Assisted Living Facility Employees the required overtime pay. In calculating the number of hours worked, the employer must consider all required work performed in all facilities and departments, both before and after a shift, including staff meetings and required paid training. Common violations include failing to pay for work performed before and after the scheduled shift, during scheduled meal breaks, and during staff meetings and training. When calculating overtime pay, employers also often fail to combine the hours of work performed in different departments or facilities as well as time spent on call.
If you are an Assisted Living Facility Employee who worked more than 40 hours a week but did not receive overtime pay, you may be entitled to file an Assisted Living Facility Employee overtime pay lawsuit. Some states may have their own overtime pay laws that may be slightly different from the FLSA with respect to overtime pay for Assisted Living Facility Employees.
Determining whether a particular Assisted Living Facility Employee is entitled to overtime pay is a complex question: many factors go into the decision, and your state’s laws may complicate the issue. Because of this, it is best to consult an experienced attorney who can advise you on your case. An experienced overtime pay attorney can determine whether you are entitled to overtime wages based upon your job description, job duties, rate of pay, and number of hours worked.
Your best option is to contact an experienced attorney who can advise you of your rights under the FLSA and state laws. There are strict time deadlines for filing lawsuits, so it is essential that you contact an attorney immediately. If you wait, you may lose your ability to recover some or all of your back pay. Contact our experienced Assisted Living Facility Employee Overtime Pay Lawyers at (855) 754-2795 for a Free Consultation to discuss your case, or complete the Free Unpaid Overtime Case Review Form on this page.