For many employers, working more than 40 hours a week is normal. In most cases, hourly employees who work over 40 hours a week should receive overtime pay.
Unfortunately, many workers are deprived of the full and fair wages they are due because their employer withholds overtime pay. If you believe you have been affected by wage theft, the best way to pursue your claim is with the assistance of an experienced overtime attorney.
Exempt vs. Non-Exempt Employees
Whether or not it is illegal to not be paid overtime depends on whether an employee is classified as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Exempt employees do not need to be paid overtime even if they work more than 40 hours per week, while non-exempt employees do.
Almost all hourly workers qualify for overtime pay and are classified as non-exempt for the purposes of overtime, while many salaried employees are exempt from overtime. However, there are exceptions in both these cases.
Exempt employees usually do not receive overtime pay because they are paid a set salary, that meets the minimum pay requirement, regardless of the hours that they work. These workers often perform job duties that require the use of advanced knowledge or skills and have minimal direct supervision.
When It is Illegal Not to be Paid Overtime
Non-exempt employees must be paid at least the minimum wage for the hours they work and overtime pay when they exceed 40 hours in a workweek. Factors including a worker’s job duties, function, pay method and salary level can impact whether or not they are properly classified as non-exempt and must be paid overtime.
Employees categorized as non-exempt and who must be paid overtime may perform routine job tasks, be directly supervised, and often perform jobs that do not require advanced knowledge or skills. Non-exempt workers who are entitled to overtime span a range of industries and sectors, and may be paid on an hourly, salary, day-rate or commission basis.
These roles are commonly found in industries including, but not limited to:
- Retail
- Healthcare
- Technology
- Food service
- Manufacturing
- Construction / Maintenance
- Oil and Gas / Energy
Common examples of illegal overtime violations include withholding overtime pay, pressuring workers to perform job duties off the clock, misclassifying employees as exempt or as independent contractors, paying a day-rate with no overtime, and making employees take work home without paying them for it.
A Skilled Attorney Can Help With Overtime Disputes
If you have been misclassified as an exempt employee or otherwise illegally denied overtime pay, an attorney can stand up for your rights. An attorney can help you file a civil claim by the required deadline while advocating tirelessly for any backpay, liquidated (double) damages, and other compensation that may be owed to you.
It is vital to work with a lawyer who can seek evidence to support your overtime claim and has wide-ranging experience fighting on behalf of victims of wage theft. Contact us today to start your free, confidential review.
