Unpaid overtime is a significant issue that impacts numerous employees, especially those working seasonally. With the holiday season coming up, seasonal workers will be commonly hired again. However, seasonal workers face a heightened risk of not being paid for extra hours worked, primarily because their employment often lasts for brief durations, making them hesitant to raise concerns about this problem due to the fear of losing their job.
Understanding the legal rights of seasonal employees in relation to unpaid overtime is important. Seasonal workers often find themselves in vulnerable positions due to their temporary employment status, which makes them hesitant to speak up about unpaid overtime for fear of losing their job.
Recognizing the protections in place and knowing how to navigate such situations can empower seasonal workers to ensure they are fairly compensated for their efforts.
Overtime Pay Laws
The Fair Labor Standards Act (FLSA) is a national law that says most bosses have to give their workers extra pay if they work more than 40 hours in one week. It also decides the least amount of money workers should be paid.
A few states have their own rules about extra pay that might be even better than the FLSA. For example, in California, workers can get extra pay if they work more than 8 hours in one day or 40 hours in one week, whichever is more.
Seasonal workers are entitled to overtime pay if they are non-exempt employees and work more than 40 hours in a workweek. Even if they are only employed for a short period of time, they are still entitled to overtime pay.
Calculating Overtime Pay
For workers who don’t have the exemption, if they work more than 40 hours in a week, they should get paid 1.5 times more than their usual pay rate. The usual pay rate includes the worker’s normal hourly wage along with any extra payments they regularly get, like commissions, bonuses, or other incentives.
For instance, if a non-exempt worker makes $10 for each hour they work and they put in 45 hours during the week, they should get 5 hours of overtime pay at $15 for each of those hours.
Seasonal workers are entitled to overtime pay if they are non-exempt employees and work more than 40 hours in a workweek. Even if they are only employed for a short period of time, they are still entitled to overtime pay.
Common tricks to avoid paying seasonal workers for their extra hours:
Employers sometimes use different tricks to avoid paying seasonal workers for the extra hours they put in. Some common tricks are:
- Wrongly labeling workers as exempt: Employers might wrongly say that seasonal workers don’t need to be paid for overtime, even when the law says they should be.
- Forcing employees to work without pay: Employers might make employees work before or after their scheduled hours without paying them for that time.
- Pressuring employees to give up their right to overtime pay: Employers might try to make employees sign papers saying they don’t want to be paid for extra hours. But usually, these papers don’t count.
How to keep track of extra hours worked
It’s important to keep a record of the extra hours you work, just in case you need to complain to the government or take legal action against your employer. You can do this by noting down your hours in a log, keeping your pay stubs, or asking your colleagues to confirm your working hours.
What to do if you lose your job for speaking up about unpaid extra hours
If you get fired for speaking up about not being paid for the extra hours you worked, you might have a case for wrongful termination. Wrongful termination is when an employer fires an employee for reasons that are against the law. If you believe you’ve been fired unfairly, it’s a good idea to get in touch with an employment lawyer that specializes in unpaid overtime.
Advice for seasonal workers on how to safeguard their rights
Seasonal workers can protect their rights by:
- Getting to know what they’re legally entitled to under the FLSA and the overtime laws in their state.
- Keeping a record of the extra hours they work.
- Refusing to sign any papers giving up their right to be paid for extra hours.
- Contacting the government or an employment lawyer if they think they haven’t been paid for the extra hours they’ve worked or if they’ve been fired unfairly.
Seasonal workers have rights and are protected by the Fair Labor Standards Act (FLSA) and the overtime laws of their state. If you’re a seasonal worker and you think you haven’t been paid for the extra hours you’ve worked, you can get in touch with the U.S. Department of Labor Wage and Hour Division or your state’s labor department and file a claim. You might even have the option to take the matter to court, either in federal or state court.