Common Violations of the Fair Labor Standards Act

Common FLSA violations for paying overtime

An employer cannot pay a fixed sum as compensation for overtime pay.  This payment does not qualify as overtime pay.  Even if this amount is more than the employee would be paid on a per hours basis, this is still a violation of the FLSA .

An employer may assert that an employee’s salary is compensation for overtime pay.  Unless the compensation is considered a Belo contract, overtime pay must be  in addition to the employee’s salary and not party of their regular pay.

Additionally a bonus cannot be considered compensation for overtime pay.  Unless the bonus is compensation for each hour worked, it does not constitute overtime pay.

Does overtime have to be paid in cash?

Overtime must be paid in cash with one exception.  This is compensation for government employees.  A government employee can accrue comp time as compensation for working overtime.  A non-governmental employee should be paid in cash.

Under certain limited circumstances, employers are permitted to meet their minimum wage obligations by including the reasonable value of meals and housing. If this is done, the value of meals and housing should increase the overtime rate.

When must overtime be paid?

An employee should receive overtime pay when they receive their regular pay. The only exception to this rule is that employers may deduct the reasonable value of lodging or meals in certain circumstances.

Dear valued clients:

Our office is aware of the Covid 19 situation and is taking measures to keep our staff safe during these difficult times. For the immediate future, we will not be meeting in person with any of our clients. However, all of our clients can reach us by telephone, email at or by facsimile at 630-451-9477. Our office remains open and we will continue our work as usual. We feel this is best for everyone concerned.

If you have recently suffered an injury from a work related accident and would like to retain our services, the entire process can be done by telephone, electronic and/or regular mail. We have operators available 24 hours a day, seven days a week. Please feel free to contact us anytime at 312-661-0450 and speak with one of our experienced and knowledgeable attorneys. Once this is has passed, we will gladly meet with you in person to answer any questions or address any concerns you may have.

Thank you for your patience and consideration. Be safe and stay healthy!


Donald Fohrman
Donald W. Fohrman & Associates, Ltd.