A paperless worker is one of many in the country who have filed lawsuits against their employers to get back pay for using their mobile devices.
The lawsuits, filed in recent years, are often filed in the name of a former or current employee who was not eligible for overtime pay under the Fair Labor Standards Act (FLSA).
The FLSA exempts employees from overtime pay, but some employers are still required to pay overtime and other wages for employees working more than 40 hours per week.
Under the law, employers must pay overtime for an individual worker who works more than 60 hours per workweek, but the exemption is limited to an employer with at least 10 employees.
An employee must be paid overtime if at least three of his or her hours are worked by an employee working less than 40 per week and the employee is at least 16 years old.
An employer must pay any overtime pay that an employee earns during a specified time period if the employee has been continuously employed for a minimum of six weeks.
In some cases, an employee may qualify for overtime if his or she is performing work that the employer is required to provide for a specific purpose, such as food preparation.
The FLSB requires employers to pay at least $400 in overtime for any worker who does not use a phone, tablet or other device, and if an employee’s employer fails to pay for that overtime, the employee may have to pay back the employer’s $400.
An exemption is only available to workers who work for more than one employer, and for those who work more than 10 weeks in a year.
If an employee fails to report an overtime pay check within 30 days of the pay check being received, the employer must refund the amount.
An employer is also required to file an administrative refund form, and the worker must complete a form called an “assessment and refund form.”
The form must be completed by a person who is not an employee and who is responsible for reporting the check.
If a worker does not report his or a company’s failure to pay the required overtime, he or she must pay back that amount to the employee or pay a penalty of at least the amount reported.
If the employee fails, the worker has the option to pay a $200 fine.
If the employee pays back a penalty or fails to file the form, the law allows the employee to file a civil suit in federal court.
The law applies to workers at companies with 50 or more employees.
If employees fail to report overtime, it may lead to penalties of up to $10,000 per employer.
The Office of the Attorney General of Washington, the agency that administers the FLSA, said in a statement that the agency does not have jurisdiction over a claim filed by an employer against an employee for not reporting overtime.
If you or someone you know is experiencing a problem with your pay, call the Wage Theft Hotline at 1-800-438-5277.