Overtime Laws by Job Type

Employers are free to set pay structures as they see fit, as long as they are still complying with the minimum wage and overtime provisions of the Fair Labor Standards Act and any state labor laws.

1099 Worker / No Payroll Taxes Withheld – Generally, if an employer is not withholding payroll taxes from a worker’s pay, this means the employer has classified the employee as an independent contractor. See the following for a discussion of the factors to be considered when determining if a worker is properly classified as an independent contractor. Overtime Pay Laws for Independent Contractors

Flag Rate – Under the flat rate and flag rate systems, a customer is charged a certain number of assigned or “booked” hours per job, regardless of the actual time it takes the employee to perform the job. The employee is then paid a set amount of money for each flagged hour completed. Auto Mechanics & Technicians And FLSA Overtime Pay

Piece Rate – Under this structure, a worker is paid a fixed piece rate for each unit produced or action performed regardless of time. What is the FLSA Overtime Rate

Tip Pay – When an employee receives tips in additional to hourly pay, employers must comply with specific restrictions regarding tips and tip pools in order to take a credit against minimum wage. The Fair Labor Standards Act Protects Your Rights To Tips and
Department of Labor Updates Tip Credit And Half Time for Overtime Regulations

2 Different Jobs at different rates: If a worker does two different jobs for the same employer and is paid at different rates, the regular rate of pay is calculated by averaging the rate based on the hours worked at each job or using the rate for the specific job worked after 40 per week Calculating Overtime FAQs

Client Reviews


A situation that involves attorneys is emotional - Mike Lore is an attentive listener and really helped me come to the terms of my situation. He used his understanding of the law to construct a case that was grounded in fact and skipped the needless 'finger-pointing' and 'he-said/she-said' back and forth. Mike's professionalism with me (the client) and the opposing attorney moved the case forward quickly with a successful result.

- E.S.


After talking to HR and trying to find answers to my questions about the overtime laws online, I was so confused. I contacted the firm and spoke to Stacy. She was so nice and took the time to review my pay stubs. She explained what the law requires and how it applied to my job. Turns out I do not have a case. Even though I didn’t have a case, she sent me a follow up email with even more information. So glad I called them.

- P.A.


We live in another state, but my husband's company sent him to work in Texas for 6 months. With the laws being completely different from our home state, it was nice to speak to a professional that could put us at ease and explain the laws to us.

- D.E.

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