Overtime is established by the Fair Labor Standards Act (FLSA). According to the Act, overtime is to be paid for any hours worked in excess of 40 per week. Overtime must be paid at a rate of no less than one-and-a-half times your regular rate of pay.
Only non-exempt employees are not paid overtime for hours worked in excess of 40. Usually, if you are paid an hourly rate then you are not exempt, and you are entitled to receive overtime pay.
While the FLSA doesn’t apply to the hours worked in a day, but only the hours worked in a week, there are some states with laws that apply to overtime and hours worked in excess of 8 hours per day. So, as an example, if you work 55 hours in a week, you are entitled to receive 15 hours of overtime.
According to the FLSA, the workweek consists of 168 hours, which is 7 consecutive 24-hour time periods. That workweek doesn’t have to coincide with a calendar week, and companies can set their own workweek with some weeks starting on Wednesday and others starting on Saturday.
However, if during that 7-day week you work more than 40 hours, you are entitled to receive overtime pay. You should keep track of your hours worked and of what you were paid. Keep copies of timesheets or timecards or make duplicate copies for your records.
You should always review your paystub and paycheck and make sure your paid time and earnings match what you should receive for that specific workweek. Any discrepancies should be addressed right away because time to recover lost earnings is limited.
Employers Covered Under FLSA
The FLSA applies to employers who have annual sales that total $500,000 or more, or if they are engaged in interstate commerce. Because of the inclusion of interstate commerce, the FLSA applies to almost all employers and not just the larger companies.
Employers must keep records for both exempt and non-exempt employees, but there are not recordkeeping requirements for employees that are not covered.
If you have any questions about overtime and the laws that apply to your employer, you should speak with a supervisor or with human resources. If you don’t believe that they are being honest with you, then call the state labor commission or talk with an attorney who handles employment law cases in your area.
An attorney who specializes in employment law will know which federal and state laws apply to your specific situation and will be able to determine if you have a claim against your employer.
FLSA violations can be costly to an employer, so they are much better off by abiding by the law. If they don’t pay you overtime, they can be forced to pay you those lost wages plus any other damages that you may have suffered.
They can also face fines and penalties from the Department of Labor. Violations can add up and be very costly. An employer who willfully fails to pay overtime pay could face as much as $10,000 in fines and a second conviction could lead to imprisonment.
Employers who repeatedly violate the minimum wage requirements or overtime pay requirements could face civil penalties for every violation.
How An Employment Law Attorney Can Help
If you are entitled to receive overtime and you have not been paid the overtime that you are entitled to receive, you should enlist the help of an employment law attorney who handles such claims in your state.
Your employer may face penalties from both federal and state laws. Your lawyer will also work to ensure your rights are protected and to help you recover your lost earnings and any damages that you have suffered.
Talk with your lawyer about how they will proceed and about how they expect payment as well. Some employment law attorneys take cases on a contingency basis, and if that is the case, they will not be paid until you recover compensation and win your claim.
To share the details of your overtime pay situation with a lawyer in your area, complete the Free Case Evaluation Form on this page. Someone will be in contact with you and determine the best way to proceed with your claim against your employer.
An attorney can also help you file complaints with the proper offices and organizations, so you can make sure all the proper processes and protocol are followed.
