There are laws in place to protect workers. Among these laws are laws that apply to overtime.
Federal laws indicate that many employees are entitled to overtime pay. The Fair Labor Standards Act (FLSA) has an overtime provision that indicates that unless an employee is classified as exempt, they qualify for overtime pay if they work more than 40 hours per week. Those overtime hours must be paid at a rate of not less than time and one-half of the regular work rate.
The FLSA doesn’t require an employer to pay overtime to workers who work on weekends such as Saturdays or Sundays, or on holidays.
However, some states have additional laws in place. In some states, if an employee works more than 8 hours in a day, he or she is entitled to overtime for any hours worked in excess of 8 even if he or she doesn’t work more than 40 hours a week.
There isn’t a time limit on the number of hours per week that an employee ages 16 and up can work during a regular workweek. So that means that you can work 80 hours a week and get 40 hours of overtime pay, or you can work 45 hours a week and get 5 hours of overtime pay. The FLSA applies to the workweek, which is a regularly recurring fixed period of 168 hours.
That 168 hours per week is seven consecutive 24-hour days. There could be different workweeks established for different employees and those 7 days could vary from start to finish as some companies start a workweek on a Sunday or Monday and others may start on Thursday or Friday.
When Can I Receive Overtime?
Any employee who is non-exempt can qualify for overtime. That means if you receive an hourly wage, then you are entitled to overtime if you work more than 40 hours per week. Non-exempt employees are usually managers or supervisors and receive a set salary and are not paid an hourly wage.
You will need to keep track of your hours worked and make sure that you maintain supporting documentation to ensure that you are fairly compensated for all hours worked and paid overtime when and where it is due.
You should keep copies of all timecards and timesheets. You should also keep copies of paystubs or paychecks.
You will need to calculate and keep track to make sure that you are paid overtime when it is due you. As an example, if your regularly hourly rate is $10 per hour and you work 50 hours during a week, then you are entitled to overtime for the 10 hours worked past the 40 hours.At the 1.5 times per hour wage, then 10 hours should be paid at $15 per hour.
Using that scenario, your pay before any deductions would be $400 for the first 40 hours plus $150 for the additional 10 hours of overtime. That would add up to be $550.
Overtime applies to all non-exempt employees. If you believe that you are not being paid overtime that you are entitled to receive, then you should talk with a supervisor or manager or someone in your company’s human resources department.
The more evidence and documentation that you can gather, the stronger your claim. You want your claim to be strong and on a solid foundation so you can recover your lost earnings and any overtime pay that you were shorted out of by your employer.
Enlist The Help Of An Employment Law Attorney
If you have not been paid overtime for the hours that you were entitled to receive it, you should speak with an attorney who handles employment law matters in your area. With the help of a lawyer, you will be much more likely to recover compensation to cover your lost wages and damages from your employer.
An attorney will be able to determine how much you lost in wages and what damages you are entitled to receive from your employer.
Complete the Free Case Evaluation Form on this page to share the details of your case with an employment law attorney in your area. Someone in the office an attorney who handles such cases and is familiar with both state and federal laws that apply to your situation.
Time is limited to recover lost wages, so don’t delay getting the help that you need to get your claim on track.
