The attorneys at GillespieShields practice family, employment, civil, criminal, and immigration law.
The Fair Labor Standards Act establishes when employees must be paid overtime pay. In general, most wage-earning employees are entitled to receive 1.5 times their regular pay rate (often called “time-and-a-half”) if they work more than 40 hours per week.
How do I Know if I am Eligible for Overtime Pay?
Overtime rules are complex and there are many exemptions. Some employees may not be eligible for overtime pay at all. This generally applies to certain kinds of professions. The following types of employees generally do not receive overtime pay:
- Executive: An executive is defined in the overtime rules as someone whose primary duty is managing a company or a department or subdivision of the company. This person must regularly direct the work of at least two or more other full-time employees (or their equivalent) and have the authority to hire or fire other employees or be an individual whose input into the hiring, firing, advancement, promotion of other employees is given weight.
- Administrative: These are employees whose primary duty must be the performance of office or non-manual work directly related to the management or general business operations of the employer or the employer’s customers, including the exercise of discretion and independent judgment with respect to matters of significance.
- Professional: These are employees whose primary duty must be the performance of work requiring advanced knowledge. Advanced knowledge is defined as work which is predominantly intellectual in character in a field of science or learning, customarily acquired by a prolonged course of specialized intellectual instruction, and requiring the consistent exercise of discretion and judgment.
- Contractors: While independent contractors are not eligible for overtime pay under federal law, sometimes employers misclassify their workers, so it’s important to carefully determine if an employer has properly classified the employee as an independent contractor.
What Other Rights Do I Have?
If you are eligible to receive overtime pay, your employer cannot require you to work overtime off the clock or permit you to work overtime without paying you overtime. Federal law mandates that you be paid appropriately when working overtime. You have the right to file a complaint with the Department of Labor, and you have the right to file a civil lawsuit against your employer.
What Should I do if my Employer Won’t Pay my Overtime?
Employers are required to follow all state and federal laws when paying their employees’ wages. If you suspect your employer has violated overtime laws, you may need the services of a qualified employment attorney. Employers who are found in violation of overtime laws may have to pay you twice the amount you are owed and must pay your attorney’s fees as well.
Contact an Attorney
If you are concerned that your employer may have violated the law when paying your wages, you should consider retaining a qualified employment attorney. Schedule a consultation with Christopher Houk today!
In addition to employment law, the attorneys at Gillespie, Shields, Goldfarb, Taylor and Houk are skilled in family, civil, criminal, probate, and immigration law. They are a fixture of the community and serve the Phoenix and Mesa areas. Schedule your consultation today.
The information contained on this site is not, nor is it intended to be, legal advice. You should consult an attorney for legal advice concerning your individual situation. We welcome you to contact us via phone, electronic mail, or through this website. However, contacting us does not create an attorney-client relationship. Please do not send us confidential information until such time as an attorney-client relationship is established.