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FAQs
Should I Be Paid Overtime?

An employer who requires their employees to work over 40 hours per week and does not pay them overtime, may be breaking the law. Federal law and some state laws identify which workers are entitled to receive overtime pay. Unfortunately, some employers fail to comply with these laws and pay their employees less than what they deserve.

What is considered overtime?
Overtime pay is generally determined by the Fair Labor Standards Act (FLSA), however it may vary from state to state. Under the FLSA, overtime pay usually means earning one and a half times an employee’s regular pay rate for time worked in excess of 40 hours per week.
How do I know if I am entitled to overtime pay?

To determine if you are entitled to receive overtime pay, you should make sure you are not an exempt employee. Employers sometimes take advantage of their employees and misclassify them in order to keep them from receiving overtime pay. Types of exemptions include:

How can I recover owed overtime?
If you believe you your employer owes you overtime pay, fill out the form to your right or call toll-free (866)981-4800 for a free consultation with one of our employment attorneys.
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Why Girard Gibbs?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.

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