Jerry Lee Holland, a former maintenance worker, recently filed a lawsuit in the EasternCourt District of Texas, Beaumont Division, to reclaim lost overtime pay from his employer, according to The Southeast Texas Record. Holland alleges he was permitted to work more than 40 hours per week without receive any premium pay for this employee attendance, which should have been compensable as overtime.
The Fair Labor Standards Act (FLSA) establishes that employers must pay all non-exempt employees at least minimum wage for all of their hours worked and time-and-a-half their standard rate if they put in more than 40 hours in a single workweek.
The FLSA groups maintenance workers along with other non-exempt workers and requires that "any security guard or maintenance worker [who] is employed in an establishment that is engaged in the production of goods for commerce, such as a warehouse, factory, bank, insurance company, etc." is covered by the law and must receive both minimum wage and overtime benefits.
Employers can ensure their staff receives those basic benefits by installing a timekeeping system that calculates pay based on standard hourly rates and overtime for any additional time and attendance.
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