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Does flex-time at work mean you aren’t due overtime?

On Behalf of | Oct 25, 2022 | Wage & Hour Litigation

Lately, there appears to be a trend in the workplace to attempt to keep employees retained, happy, and motivated. Many companies offer perks or incentives to make their work environment more attractive. Some employers also provide the option to work remotely or in an office/remote hybrid model.

Some employers may boast of a flexible schedule in order to attract new employees or retain existing employees. After all, most people would like a better work-life balance. However, flexible working hours should not be traded for fair wages.

Wages and the Fair Labor Standards Act

In a flex-time schedule, you might be given a choice to work a variable schedule. For example, a worker could have a later arrival and departure time, such as 10 am-6 pm. However, a flexible schedule does not allow an employer to get out of paying overtime.

The Fair Labor Standards Act (FLSA) protects workers from overreaching employers. Specifically, the FLSA mandates a fair minimum wage, overtime compensation for working more than 40 hours a week, accurate timekeeping records, and restrictions on child labor, to name just a few of its protections. Regarding overtime compensation, the FLSA is based on a 40-hour work week. 

The FLSA regulates overtime for non-exempt employees. Non-exempt means that employees are paid hourly, and any time beyond the 40-hour work week is considered overtime. Under FLSA, non-exempt employees who have reached 40 hours in a week must:

  • Be paid a wage at least one and half times their standard pay rate.
  • Be paid overtime for any holiday or weekend hours worked.
  • Be paid overtime for any hours after 40.

While flexible schedules may be an attractive incentive for some employees, any flex-time work in excess of 40 hours a week should probably be paid the overtime rate. If you’re unsure whether your company is paying you fair wages and complying with state and federal wage and hour laws, contact the lawyers at Edelson Lechtzin LLPWe represent our clients on a contingent fee basis, meaning we don’t get paid unless your case settles or you win at trial.

Edelson Lechtzin LLP is a national class action law firm with offices in Pennsylvania and California. Our lawyers focus on cases alleging violations of consumer protection laws, antitrust laws, securities and investment fraud, wage theft, and mismanagement of employee benefits plans.