Improper Halftime

Some companies pay employees a salary and overtime at “half-time” or at an amount less than time and one-half.  This pay practice may be referred to as “fluctuating workweek” or, entirely inappropriately and offensively, “Chinese overtime.”  There are a number of very specific legal requirements that must be met to pay in this manner. Companies offer fail to meet the necessary legal requirements. In such an instance, the employee may be entitled to up what would have been the full time and a half rate.

How Might I Know If I’ve Not Been Paid Properly?

Employers must pay a fixed salary in order to pay overtime at half-time.  If you receive any of these payments, your employer may be violating the law:

• Holiday Pay
• Day-Off Pay
• Bonuses that are paid based upon hours worked
• Other additional compensation tied to hours worked

Employers also may violate the law if they make deductions to your pay.  Some employers make deductions if an employee misses a day at work or for other minor workplace rule violations such as dress code or being late.  You may also be entitled to damages if your employer made deductions for these reasons.  This is in addition to other unlawful deductions.