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.
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:
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.
Employees Eligible for Overtime
Myth: Salaried Employees Aren't Entitled to Overtime
Executive, Administrative, and Professional Employees
Independent Contractor Misclassification
Working Before and After Your Shift
Rounding of Start and Stop Times
You’ve come to the right place if you need a team of lawyers who know about these areas of law. If you want to learn about these areas of law for yourself, we have you covered. Visit one of our informational websites.
The average American employee loses $2,600 each year to wage theft. Most employees don’t even know it’s happening to them. We combat wage theft with the overtime and minimum wage laws. Watch this video to learn more.
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