Am I Owed Overtime?
The right to overtime pay can be an extremely complicated issue. There are both state and federal laws in place to defend the rights of an employee to overtime pay, but the complexity is such that each individual case must have the circumstances thoroughly examined. We will provide a broad overview of overtime pay rights, but we encourage anyone who feels they may be owed overtime pay to fill out a case evaluation form. The simplest way to exclude someone from being owed overtime is to qualify them as exempt employees. These are employees who are not legally owed overtime pay, despite working more than 40 hours in a given week, due to their job duties, compensation and responsibilities. Here’s a quick overview of some employees who fit this description:
- Commissioned retail sales employees whose income is more than half based on commission.
- Managers or executives who earn a salary of at least $455 per week and have at least two employees under their supervision.
- Drivers are usually exempt if they are employed by a motor carrier engaged in interstate commerce.