Overtime, Meal and Rest Violations

• Overtime laws: Employees who are paid hourly (nonexempt employees) are entitled to be compensated for overtime hours worked. Overtime is usually defined as any hours worked beyond 8 hours in one workday or beyond 40 hours in one week. In addition, the sixth consecutive workday in one week is ordinarily considered overtime. Employees who work such hours are usually entitled to an overtime pay rate of 1.5x their hourly rate. There may be different rules for employees engaged in alternative work week schedules or part time schedules. Call Shannon Foley, a highly experienced lawyer in matters of Labor Law to discuss your rights.


• Minimum wage laws: Effective January 1, 2008, minimum wage is set at $8.00 per hour. If you are not being paid full minimum wage for each hour you work, contact an experienced attorney to discuss a potential claim against your employer.


• Meal and rest laws: Employees working more than 5 hours in one workday are entitled to one meal period of at least 30 minutes. Employees working more than 10 hours are entitled to two meal periods of at least 30 minutes. On duty meals (such as meetings during lunch periods) should not be deducted from the employee's pay. Employees are entitled to at least one 10 minute rest period for every 4 hours worked.

Recovery of Lost Wages and Penalties for Wage and Hour Violations