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Under the FLSA (Fair Labor Standards Act), a non-exempt employee must be paid “time-and-a-half”, or 1.5 times his or her hourly wage, for every hour worked over 40 hours in a work week. There are a number of tactics unscrupulous employers use to try to skirt this law and deny workers the overtime pay to which they are entitled. One of these tactics is employers’ failure to calculate commissions and bonuses as a part of an employee’s wages.

Except for very rare situations, all compensation an employee receives must be factored in when his or her rate of overtime pay is calculated, and this includes commissions and bonuses. For example, if an employee earns $15 per hour and makes an average of an additional $5 per hour in commissions, his or her overtime pay rate is actually “time-and-a-half” of $20 per hour, or $30 for each hour of overtime work.

Contact a Wage and Hour Attorney

While some employers knowingly take advantage of the average employee’s lack of knowledge concerning the details of the laws that regulate overtime pay, the truth is that bosses are simply unaware that they are underpaying their employees for overtime hours. Regardless of the reason a non-exempt employee is denied full overtime pay, this is against the law and cheated employees have the right to pursue just compensation for their hours worked as well as possible additional damages. If you believe that your boss miscalculated your wages for overtime pay, or if you believe you were denied overtime pay to which you are entitled, a wage and hour attorney from Phillips Dayes Law Firm can help you protect your rights. Contact us today to schedule an overtime pay legal consultation.

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