When You Are Eligible for Overtime Compensation

For employees who are not exempt, the FLSA requires an employer to pay overtime at a rate of not less than one and one-half times your regular rate of pay after you have worked forty hours of work in a given workweek.

It is important to talk with an experienced Fort Lauderdale overtime compensation lawyer to see if you have a viable overtime pay case against your employer. Why? Because there are numerous exemptions and exceptions to the FLSA, which may mean you are exempt from being paid for overtime. For example, if you are a railroad worker, your job is not governed by the FLSA. Instead, your job is governed by the Railway Labor Act. Similarly, if you are a truck driver, you employment is governed by the Motor Carrier Act, and not the FLSA.

Generally, whether your job is governed by the FLSA. is based upon three factors:

  • how much you are compensated;
  • how you are compensated (e.g., hourly, bi-weekly, bi-monthly, etc.); and
  • the type of work you do.

Fighting for Financial Restitution

Some employees may think overtime pay is not worth the hassle of litigation. However, that unpaid compensation can make a big difference in the long run, especially for employees who can show they have been owed overtime for at least 2 years.

Under the FLSA, if an employer is found to have violated overtime wage laws, they may be required to pay you double the amount of back overtime wages as a penalty. In addition, your employer may be required to pick up the tab for your legal fees and costs.

Fort Lauderdale Overtime Compensation Attorney

Mark J. Berkowitz has successfully helped many of his clients recover wages for overtime work in Fort Lauderdale and throughout South Florida. He has years of experience and is ready to help.


Case managers sue Sunshine Health for unpaid overtime