Q. Can salaried employees receive overtime?
A. Many workers believe that salaried employees cannot receive overtime. However, this is a common misconception throughout the working world. The fact that an employee is paid on a salary basis has no bearing on whether they are entitled to overtime pay. Eligibility for overtime pay depends on whether the worker falls into the "exempt" or "non-exempt" category.
Q. How do I know if I am an exempt or non-exempt employee?
A. An overtime lawyer can help determine which category you fall under. However, employees who are generally ineligible for overtime pay fall under the professional, administrative, executive or outside sales exemptions. It is important to remember that overtime eligibility is based on job duties, not job titles.
Many employers misclassify employees into an "exempt" category to avoid paying overtime. It's important to contact an overtime lawyer to ensure you are not being misclassified by your employer. If you would like to speak to an overtime attorney today, fill out our free, no obligation case evaluation form.
Q. How do I calculate my overtime pay rate?
A. To calculate your overtime pay rate, simply multiply your regular hourly wage by 1.5 This amount totals the rate you should receive for every hour worked over 40 in a single workweek. When calculating overtime pay, employees should also include bonuses and commissions.
Q. What is the current minimum wage?
A. As of July 24, 2009, the federal minimum wage rests at $7.25 per hour. Many states have also enacted their own minimum wage laws. In these cases, employees should receive the higher minimum wage. If you are making less than minimum wage, your employer may be in violation of the Fair Labor Standards Act.
Q. Are there any exceptions to minimum wage law?
A. Yes. Employees aged 20 and under may be paid $4.25 per hour during their initial 90 days of employment. After this time period, they must be paid at least $5.85 per hour.
Q. How does minimum wage apply to tipped employees?
A. Tipped employees must be paid at least $2.13 per hour as long as they make at least $30 per month in tips; they retain all tips; and their direct wage and tips equal at least $7.25.
Q. Sometimes my employer makes me stay after clocking out to "finish the work I should have done during my shift." Is this legal?
A. Forcing employees to work off the clock is a common overtime scam. Requiring employees to perform job duties before clocking in or after clocking out is illegal. Employees must be paid for any time spent doing work that benefits the employer.
Q. I often work 50 hours one week, then 30 hours the next. Yet, in my paycheck I never see any time-and-a-half pay. Is this legal?
A. Many employers try to average or combine workweeks to avoid paying overtime. However, combining workweeks is prohibited under overtime law. If you are a non-exempt employee, you should be paid time-and-a-half for the 10 hours you worked over 40 in the first week.
Q. I'm afraid that if I file an overtime lawsuit my employer will fire me. Do I have any protection against retaliation?
A. Yes. Employers cannot fire or retaliate against an employee who files an overtime lawsuit or otherwise exercises their rights under the Fair Labor Standards Act. Examples of employer retaliation include demotion, refusal to offer a scheduled raise, assigning the worker to less desired shifts, firing a relative of the employee etc.
Q. My boss labeled me as an assistant manager at a retail store. However, I cannot direct other employees and seem to have the same responsibilities as a cashier or floor person. Why would my employer give me this title?
A. Many employers misclassify their workers into exempt categories to avoid paying overtime. However, job duties, not job titles, determine overtime eligibility. If your job duties do not fall into an overtime exemption, you should be eligible for overtime pay.
Q. What can I do if I've been denied overtime?
A. Filing an overtime lawsuit is an effective way of recovering back wages. If you were not paid for hours worked over 40, fill out our free case evaluation form today to speak with an overtime lawyer.