Depending on your job, you may have to put in overtime. In some cases, your employer may be legally entitled to require you to work overtime. If you do work overtime, you are entitled to 1.5 times your regular rate of pay for each overtime hour.
One of the most common reasons workers are not paid overtime is that they are wrongfully misclassified as exempt from overtime rules. If you have been asked to work mandatory overtime or believe you have been erroneously misclassified as exempt from overtime pay, you should speak with a lawyer who can provide information about your potential claim.
Understanding the Legal Parameters of Mandatory Overtime
The Fair Labor Standards Act classifies employees as exempt or non-exempt. Exempt employees are not required to be paid overtime pay, while non-exempt workers must be paid time-and-a-half for each overtime hour they work.
Some companies have mandatory overtime requirements in their policies. Companies may mandate overtime under the Fair Labor Standards Act, but must compensate non-exempt employees with overtime pay.
Whether an employee is categorized as exempt vs. non-exempt depends on factors like the type of work they do, how and how much they are paid, and how frequently they are paid. While employers retain significant discretion about setting company policies, such as mandatory overtime rules, these hours cannot be assigned as a means of retaliation or discrimination against an employee.
There may be specific situations where mandatory overtime could be considered illegal. Workers who are underage, part of a union, or employed in certain roles like commercial trucking will have prescribed limitations on the number of hours they should work that employers must observe.
Entitlements to Overtime Pay
Generally speaking, salaried workers in various administrative, executive, and professional roles are not entitled to overtime. These categories of salaried workers typically do not fall under minimum or maximum hourly requirements.
Any hours worked in excess of 40 per week will not reflect in overtime pay because these workers receive a set, stable salary that meets certain salary basis requirements. Computer professionals, creative professionals, and true independent contractors are also exempt from overtime pay.
Non-exempt employees who should receive overtime pay often work in hourly roles, but they can also be paid in other ways such as a day-rate, commission basis or even be salaried. Non-exempt employees subject to overtime provisions must always be paid overtime.
Consult with an Attorney Who Understands Mandatory Overtime
If your employer requires you to work overtime, and you are a non-exempt employee, you must be paid 150% of your pay rate for all hours worked over 40 in a given work week. However, based on your salary and role, you may be exempt from overtime laws, even if your employer requires you to work over 40 hours a week.
You should seek legal advice if you are unsure whether you may be owed unpaid overtime. A lawyer who is knowledgeable about mandatory overtime can help you determine the best next steps. Start your free confidential review today.
