Chinese Overtime Claims
Let Our Orlando Overtime Lawyers Stand Up for You
"Chinese overtime" is also known as the “fluctuating work week,” “day rate,” and “piece rate.” Chinese overtime allows an employer to legally pay an employee half of their regular wage instead of the traditional time-and-a-half for hours worked over 40 in a single workweek.
If an employee does not meet the strict criteria required for the payment of Chinese overtime, they are entitled to traditional overtime pay—time and a half of their regular hourly wage.
The Orlando overtime attorneys at our firm can help you protect your rights to fair wages. Call (855) 375-9959 if you need to discuss your claim!
When Is Chinese Overtime Accepted?
Chinese overtime is only legal if the following requirements are met:
- The employee must be paid a fixed salary, regardless of whether they work 40 hours in a work week. The employer may not reduce the salary for shorter work weeks or weeks where the employee actually worked fewer than 40 hours.
- In most instances, the employee's hours must change week to week and / or have fluctuating hours.
- The employee's regular rate of pay used to calculate their half-overtime rate must not fall below federal minimum wage requirements
Some common employer mistakes regarding Chinese overtime include:
- The employee worked fewer than 40 hours per week and received less than their fixed salary
- The employee received bonuses, holiday pay, commission, shift pay, or an additional form of compensation and therefore is not earning a "fixed salary."
- The employee is unaware about the company's use of the fluctuating work week.
- The employee worked so much in a single week that their regular rate of pay (fixed salary divided by number of hours worked) falls beneath the federal minimum wage.
- The employee's work schedule does not fluctuate significantly between weeks.
If you believe you are not receiving fair wages, now is the time to call The Trial Professionals P.A. With 100+ years of collective legal experience and millions of dollars recovered for our clients, we know how to win tough cases.
Contact our Orlandoovertime lawyers at (855) 375-9959. We represent clients across the state.