Are you a social worker entitled to overtime?

Many social workers provide a valuable service to the communities in which they live. Unfortunately, there are many instances where those social workers are not paid correctly under the law. According to the Federal Labor Standards Act (“FLSA”) all employees must receive time-and-a-half for any hours they work in excess of 40 in a workweek. Many social workers are considered “salary” employees, and so their employer do not pay overtime. In many cases, this is illegal. Those social workers who are on salary do not, by virtue of their salary pay, simply lose their right to overtime. Similarly, many businesses try and classify their social workers as “independent contractors” and so escape paying overtime this way. Again, not legal. Just because an employer labels a social worker an “independent contractor” does not change that person’s status under the law. If you are a social worker who did not get paid overtime, you may be entitled to all back pay, plus an award of damages.