What Types of Workers Entitled to Overtime Pay?

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When Are Employees Entitled to Overtime Pay?

Under the Fair Labor Standards Act (FLSA), employees are entitled to overtime pay if they work more than 40 hours per week. Some state laws also provide that employees must be paid overtime if they work more than 8 hours in a workday.

What Is Overtime Pay?

Overtime pay is usually 1.5 times ("time and a half") the employee’s regular hourly wage. For example, if an individual earned $10 per hour, his employer would have to pay him $15 per hour worked overtime. If state and federal law conflict on how much overtime to pay, the law which provides greater employee protection (usually a state law) controls.

What Types of Employees Are Exempt from Overtime Pay?

Under federal law, and the law of most states, certain types of employees are exempt from this requirement.

Generally, "white collar" workers who are salaried, rather than paid by the hour, are exempt from these requirements. This includes most professionals (doctors, lawyers, and business executives, etc.), and administrative workers. This exception also applies to outside sales workers computer workers, and to highly-paid (more than $100,000 per year) workers whose duties do not include manual labor.

Should I Talk to a Lawyer?

If you are an employee who has been unjustly denied overtime pay, it is time to consult an employment lawyer. An employment lawyer will be able to help you determine whether you are entitled to overtime pay, assist you with your claim, and help you ensure that you are fairly compensated for your work.

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Last Modified: 01-20-2017 10:39 PM PST

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