Learn About the Overtime Laws

If you work over 40 hours a week, you are likely entitled to overtime pay, regardless of how you are paid

That's right. If you are paid an hourly wage, you are entitled to overtime pay. If you are paid a salary wage, you are also likely entitled to overtime pay. Employees paid by the job, by the day, by the piece, or by commission are also entitled to overtime pay.

Only certain employees are not entitled to overtime pay. For example, executive employees who are paid a salary and can hire and fire employees are not entitled to overtime pay. Administrative employees who are paid a salary and can set policies and advise management are also not entitled to overtime pay.

You have likely been denied overtime pay

Don't assume you aren't working overtime hours, or your employer is complying with the overtime laws. Your employer must pay you overtime pay for all of the hours you work over 40 each week. Don't focus on your scheduled hours. Focus on all of the hours you work.

If you answer "yes" to any of the following questions, you are likely owed overtime pay:

• Do you work before your shift without pay? (e.g., start your work early, get ready for work, turn on your computer, log into programs, change into your uniform, or gather your equipment)
• Do you work after your shift without pay? (e.g., finish your work late, change out of your uniform, clean your workstation)
• Do you work from home without pay? (e.g., check email, take phone calls)
• Do you work through meal periods? (e.g., eat at your desk, eat while driving)
• Are you not paid for short rest periods without pay? (e.g., 5 to 20-minute rest periods)
• Are you not paid for travel time? (e.g., to and from your employer's place of business and the job site, job site to job site)
• Are you not paid for trainings and meetings? (e.g., during normal work hours, job related)

Newsflash - Your employer owes you overtime pay

Maybe a lot. If you're paid a $40,000 salary, and worked 50 hours per week over the last 3 years, you could be owed $45,000 in overtime pay. If you are paid $15 an hour, and worked 15 minutes after your shift each day for the last 3 years, you could be owed $4,300 in overtime pay. Plus you get double damages under federal law.

More Overtime Law Topics

Employees Eligible for Overtime

Myth: Salaried Employees Aren't Entitled to Overtime

Salary Basis Requirement

Executive, Administrative, and Professional Employees

Computer Employees

Outside Sales Employees

Independent Contractor Misclassification

Homecare Workers

Compensable Hours

Working Before and After Your Shift

Working From Home

Meal and Rest Periods

Travel Time

Training and Meetings

Rounding of Start and Stop Times

Calculating Overtime Pay

Remedies

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