don't let your boss keep it.
Some employers invoke a method known as the Belo Plan, Fluctuating Work Week (FWW) or "Chinese Overtime," to avoid paying employees one-and-one-half times the regular rate of pay for hours worked in excess of 40 per workweek. The Belo Plan allows for an employer to pay an employee a constant wage, no matter the fact that hours in excess of 40 per workweek are actually worked.
The Belo Plan is a very narrow exception to the general rule that non-exempt employees under the FLSA are entitled to "time-and-a-half" for hours worked in excess of 40 per workweek. The Code of Federal Regulations (CFR) only allows Belo Plans to cover employees whose duties necessitate irregular hours of work. The CFR states that such employees may include outside buyers, on-call servicemen, insurance adjusters, newspaper reporters and photographers, troubleshooters, and the like.
However, just because an employee is engaged in one of the above listed jobs, this does not mean he is eligible to be covered by a Belo Plan. To be eligible for coverage by a Belo Plan, the nature of the employee's duties must be such that neither he nor his employer can either control or anticipate with any degree of certainty the number of hours he must work from week to week. The application of the Belo Plan to employees is very limited and is frequently used improperly by employers.
Briggle & Polan, PLLC, represents employees wrongfully paid under Belo Plans in Texas and throughout the United States. If you have a question regarding a potential claim, contact the firm directly at 512-472-1926 or toll free 866-247-HELP or by email for a FREE consultation.
We return client calls promptly. We work diligently, often seven days a week, to move cases forward so a fair result can be achieved as quickly as possible. If the insurance company is not willing to settle your claim fairly, we are fully prepared to take your case to trial.
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