Overtime Pay

The underlying principle of overtime pay under the Fair Labor Standards Act (FLSA) is that every eligible worker deserves to be paid for his or her labor, and should receive premium overtime reimbursement at or above the rate of 1.5 times the regular wages for working overtime for the benefit of their employer.

Surprising features of the FLSA:

  • There is no limit to the number of overtime hours an employer can require employees (aged 16 years and older) to work, often known as mandatory overtime,  in a single workweek, though some states have mandatory overtime laws for certain jobs such as nurses.
  • Overtime compensation must be paid to eligible employees:
    • Employer and employee may not agree to non-payment of overtime reimbursement.
    • Employees may file for reimbursement of earned overtime pay even when an employer
      • Announces that no overtime work will be permitted, or
      • That only overtime authorized in advance will be paid.
  • In the private sector, comp time may be given as reward in addition to overtime wages. It may not replace overtime compensation or the minimum wage.
  • Employers are NOT required to pay overtime rates:
    • For work on Saturdays, Sundays, or holidays.
    • To employees on standby unless employees are not permitted to use their standby time for personal pursuits.

FLSA Classification is clearly spelled out under the FairPay Overtime Rules.

Non-exempt Employees are generally workers who are hourly or salaried but earn less than $455* per week in guaranteed salary.

Exempt Employees are usually white collar employees who earn a salary of more than $455* per week and who regularly exercise discretion and independent judgment in significant matters.

Because technology has blurred the distinctions between blue and white collar workers, job titles have become increasingly irrelevant for determining an employee’s FLSA classification. Eligibility is based upon occupations, wages or salaries, and job duties.

If you think you may be misclassified and have not been receiving overtime pay, please complete our Case Evaluation Form as soon as possible. One of our experienced overtime attorneys at Lore Law Firm will look over the specifics of your case and help you decide whether you have a valid claim.

* The Department of Labor under the Obama Administration increased this salary amount to $913 per week effective 12/1/2016; however, this increase was blocked by a court ruling. The Trump Administration is now reconsidering these changes and appears to favor a lower minimum salary amount. Please see this page for the latest updates.

Fill out our quick case evaluation form for a free and confidential review of your situation.