The Fair Labor Standards Act (FLSA) grants employee rights at the federal level and establishes employment standards, including the minimum wage and overtime pay regulations. Although most employees are entitled to a premium pay of 50% of their usual hourly rate, or “time and a half,” for any time worked over 40 hours in a single week under this federal law, some employees are not.
There are several types of workers who are considered to be “exempt” from overtime pay protections. If you are unsure whether or not you are exempt from overtime pay benefits, speak with the Lore Law Firm today. Our firm can help determine if you are entitled to overtime pay and will work (on a contingent fee basis) to recover any overtime wages that you may have missed out on.
How Can You Find Out if You Are Exempt from Overtime Pay?
Exempt employees are not granted the same protections as nonexempt employees. Federal laws regarding some employee protections, such as rest breaks and overtime pay, do not benefit exempt workers. Unfortunately, it can be challenging to figure out which employees are exempt from overtime pay and which are not.
According to the U.S. Department of Labor, some examples of occupations with exemptions from the overtime pay provisions under FLSA include:
- Auto, truck, trailer, farm implement, boat, or aircraft sales-workers
- Casual babysitters
- Certain commissioned employees of retail or service establishments
- Certain employees of motor carriers
- Certain seasonal amusement or recreational establishment employees
- Chief engineers of certain non-metropolitan broadcasting stations
- Domestic service workers living in the employer’s residence
- Employees in certain computer-related occupations
- Employees of some small newspapers
- Employees of railroads and air carriers
- Executive, administrative, and professional employees
- Local delivery employees
- Motion picture theater employees
- News editors
- Newspaper delivery workers
- Outside sales employees
- Seamen on American or foreign vessels
- Taxi drivers
- Teachers and academic administrative personnel in elementary and secondary schools
- Workers engaged in fishing operations
If you are unsure of your overtime pay exemption status, we can look into your eligibility and answer any questions you may have about your rights regarding your wages.
Overtime Pay Regulations You Need to Know About
Some states have daily overtime pay laws. In these states, an employee could be entitled to overtime pay for working over a certain number of hours in a single day, even if they did not exceed 40 hours of labor during their standard workweek. Workers in states with daily overtime standards may be qualified to receive both state and federal overtime wages if they meet the qualifications outlined under these laws.
Employers cannot legally withhold overtime pay from an employee who is nonexempt from receiving overtime pay. If you think your employer may owe you overtime pay, The Lore Law Firm can conduct an investigation to determine whether or not your company’s policies need to be changed. If necessary, we can file a claim against your employer on your behalf.
Recover Overtime Pay with an Experienced Employment Rights Attorney
If you are not receiving the overtime pay you are legally entitled to, it may be time to explore your legal options with the Lore Law Firm. For over 25 years, we have represented American workers who have been wronged by their employers and helped them recover the wages they rightfully earned but were never paid for.
Worried you can’t afford legal help? We handle all overtime violation cases on a contingency fee basis, which means that you don’t pay us anything unless we recover money for you. Call us today at 713-782-5291 or complete our contact form to begin exploring your legal options. When every paycheck counts, you can count on us.