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Do I Qualify for Overtime Pay?

January 17th, 2020 admin

Qualified employees must earn time and a half for their usual hourly rate for every hour worked over 40 in a given workweek. It is illegal for employers to not pay employees their rightful overtime wages. If you are working over 40 hours a week and not receiving an overtime pay rate, you may have a legal claim. The Fair Labor Standards Act (FLSA) classifies which workers are overtime-eligible. Keep reading to find out if you may qualify for increased wages. 

Overtime Eligibility Under the FLSA

The FLSA covers workers who participate in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods that have been moved in or produced for interstate commerce. For most businesses to be covered, their annual dollar volume of business must be over $500,000. However, regardless of the dollar volume of business, the FLSA always covers hospitals, institutions that care for the sick, aged, mentally ill, or disabled, schools, institutions of higher education, and government agencies. The FLSA also covers all domestic service employees, such as housekeepers, cooks, and home health aides, if they receive at least $1,900 from one employer in a year or work more than eight hours a week for at least one employer. If you are covered by the FLSA, then your employer must pay you overtime wages for any hours worked over 40 in a given workweek. 

Overtime Exemptions Under the FLSA

The FLSA has certain exemptions that exclude some workers from mandatory overtime pay when working more than 40 hours in a given workweek. Examples of exempted workers include employees of certain seasonal or recreational establishments, casual babysitters, or certain highly compensated employees who earn an annual salary of $107,453 or more. You can also be exempt based on the job duties you perform. For example, if you perform certain administrative, executive, or professional tasks at work you may be exempt. An experienced employment attorney can determine whether you should be receiving overtime pay. If you should be getting paid  and were improperly classified, you can take legal action to get back your rightfully earned wages. 

Can My Employer Make A Different Overtime Deal With Me?

Usually, the answer is no. If you are covered under the FLSA, then your employer cannot bargain with you to pay less than the federally required overtime amount. Too often, employers illegally “cut a deal” with employees to avoid paying overtime rates. This practice is against the law, and you must be paid overtime wages if you are covered by the FLSA.

Seek Legal Assistance

If you have not been paid overtime wages in the workplace, seek legal assistance today. The Working Solutions Law Firm, located in New York City, can assist you. Contact us today at (646) 430-7930 to schedule a free case evaluation and receive experienced legal counsel. You don’t pay unless we win.