Under the Federal Labor Standards Act (FLSA), most hourly employees are entitled to overtime pay if they work more than 40 hours in a week or more than 8 hours in a day. In most cases, overtime pay is 1.5 times your usual hourly wage. If an employer is covered by the FLSA, it must pay overtime to all eligible employees unless the employee fits into an exception to the law, such as a salaried worker.
Lawn care businesses are generally subject to the wage and hour requirements of the FLSA, unless the business is also a small farm or its employees are considered independent contractors. If the lawn care business fails to pay its employees overtime in accordance with the FLSA, it might be liable for damages in an employment class action.
Which Employees Are Not Covered by FLSA Overtime Laws
Not all employees can earn overtime, however. Whether you are entitled to overtime pay depends on your state’s law, your job duties, and how many hours you have worked. Moreover, the following employees are “exempt” from the wage and hour protections of the FLSA:
- executive, administrative, and professional employees who are paid on a salary basis
- independent contractors
- outside salespeople
- certain computer specialists who earn a specific minimum hourly wage
- employees of seasonal amusement or recreational businesses, such as ski resorts or county fairs
- employees of organized camps, or religious or nonprofit educational conference centers that operate for fewer than seven months a year
- employees of certain small newspapers
- newspaper deliverers
- workers engaged in fishing operations
- employees who work on small farms
- certain switchboard operators
- criminal investigators, and
- casual domestic baby sitters
What to Do If You Are the Victim of Wage and Hour Violations
If you are not one of the exempt employees listed above and you have not received overtime pay in accordance with the FLSA, you should promptly contact a knowledgeable employment attorney. The Chicago wage and hour attorneys at Ankin Law Office, LLC concentrate on representing employees who are the victims of wage and hour violations, including lawn care workers. Moreover, we are experienced employment class action attorneys who understand the complex legal procedures that are involved with pursuing wage and hour class action claims.
Contact our office at (312) 600-0000 to schedule a free consultation with one of our Chicago employment class action attorneys to discuss your wage and hour violations.