Legal Guide

Things You May Not Know About Overtime Pay

Overtime pay seems to be a really simple subject. With most jobs we have overtime appearing when working over 40 hours per week. Laws are in place to offer more pay for such work hours. At least 150% should be given over the amount for the basic work time. There are so many people out there that are not paid for overtime although the law states otherwise. It is important to know as much as possible about what employers should or should not do. That is why there are many things you have to know about overtime, including the following.

Overtime Rights Will Vary Based On Job

Thanks to the Fair Labor Standards Act you are allowed to receive overtime pay. This is federal law. This is the exact same law that will make employees receive a minimum wage and the extra pay that is necessary when going over those weekly 40 hours. The problem is there are different exceptions to the rules that everyone knows. For instance, people working in professional, administrative and executive procedures will not be covered by the federal law. Examples of jobs include doctors, insurance claims adjustors and lawyers. It is very important that you know exactly what applies to you and what does not.

You Should Receive Overtime Even If You Are Salaried

There is this common misunderstanding that when you are salaried (getting the same pay no matter how many hours worked) the employer does not have to pay for overtime. This is incorrect. Being entitled to receiving overtime is only connected to job responsibilities and income. It is not based on what the employer wants.

Make sure that you know exactly what salary limits exist when referring to whether or not overtime would be offered. Also, learn about the types of jobs that would be covered. It is expected that modifications to overtime laws for salaried people will change in the future so keep your eye on changes.

Employers Need To Pay For Overtime Even When Not Officially Authorized

There are some shady employers that will tell you overtime is not going to be available for you because it was not authorized. This is a really common wage theft method. For instance, employers can tell you to work extra hours and will then claim that extra compensation is not warranted as the work that was done fell into your responsibilities. The claim is that the extra hours are required because you did not manage to finish everything in the regular hours.

Such blatant wage theft is 100% illegal. Non-exempt employees working over the forty hours have to receive extra pay. Employers simply cannot go round that. However, there is a need to prove that the extra work was actually done. This can be a little complicated but an attorney can help.

The truth is that in most cases when people think that they are entitled overtime pay, this is exactly the case. It is important to know the law though to be sure that this is actually the case.

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