Am I Entitled to Overtime Pay?

Employers are not required to provide overtime pay for workers who are classified as "exempt." This means an employee is not subject to either a state's labor code or the federal Fair Labor Standards Act (FLSA) rules for overtime. Employers are subject to pay "nonexempt" workers overtime pay. See below on the different areas of employment and if you qualify for overtime pay.

Hourly Employees
Most hourly employees are classified as "nonexempt" and are entitled to the overtime rate of pay. However, nonexempt employees are not determined by their job title. A nonexempt employee is determined using a combination of criteria including their occupation (or industry), rate of pay, and the job duties that they perform.

Salaried Employees
In theory, exempt employees should be salaried and nonexempt employees are paid by the hour. But many employers choose to pay a nonexempt worker a fixed rate each week and call it a "salary." This simplifies the payroll process, however, if the employee works more than 40 hours in a 7-day consecutive work week, they must still be paid for their overtime.

Part-time Employees
Until a part-time workers works the same number of hours as a full-time worker normally works, they are not entitled to an overtime rate of pay. Unless other wise stated in your contract, you must be paid for the hours you work, even if you do not qualify for the overtime rate of pay.

If you receive a fixed rate each week, but are "nonexempt" or if you are paid by the hour, you must be paid for overtime.

If you think you are entitled for overtime pay, call our overtime lawyers at 1-877-248-8288 or, email us for a free consultation.