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Understanding 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. Do you feel like you are owed overtime pay? Consider finding an overtime lawyer that can help you!

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.

Overtime Exempt vs. Non-Exempt Employees

Non-exempt Employees are generally workers who are hourly or salaried but earn less than $455* per week ($684 per week as of 1/1/20) in guaranteed salary.

Exempt Employees are usually white collar employees who earn a salary of more than $455* per week ($684 per week as of 1/1/20) 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.

Have You Been Misclassified?

If you think you may be misclassified and have not been receiving overtime pay, consider getting an overtime attorney by completing 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 announced a revised Overtime Rule for salaried employees, which will reset the minimum salary required for the Executive, Administrative, and Professional overtime exemptions as of 1/1/2020. The new overtime rule sets the minimum yearly salary for exempt employees at $35,568 or $684 per week. Please see this page for the latest updates.

 
 

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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.

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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.

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