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Overtime: Does my employer have to pay?


The pandemic has altered the course of history. Frontline workers have been working since the beginning with a large amount of Americans working longer hours than ever.

But what happens when you, as an employee, work overtime due to the shortage of staff? You may be asking yourself, ‘Does my employer have to pay?’

Here is everything you need to know about overtime and whether or not your employer must pay it:
 
What Counts as Overtime?

Weekly Overtime
The federal government and the majority of states have implemented a standard of what is considered overtime. The basic concept is that an employee is entitled to overtime after they have worked over 40 hours in the week. The idea is that the hours worked per day are not called into question; it’s only the hours per week that are considered when evaluating overtime.


Does Every Employer Have to Pay Overtime?
Contrary to popular belief, not every employer has to pay overtime. The federal Fair Labor Standards Act (FLSA) sets the overtime rules. You must check with FLSA to see if you are covered under the Act.
If an employer exceeds $500,000 in annual sales, the business should be covered by the FLSA. Congress has labeled the mandatory overtime pay as “interstate commerce”—which indicates they conduct matters of business between states.
There are rare instances wherein a small business that is not covered by the FLSA can still cover you by the state’s specific overtime law. For more information, you can contact the labor department of your state.
 
Who is Eligible for Overtime?
If your employer is covered by the FLSA or even your state’s overtime law, every employee is eligible to receive overtime pay. The only employees who are not entitled to receiving overtime pay, include:
⦁Independent contractors
⦁Volunteer workers
⦁Professional, administrative, and executive employees who are paid on a salary
⦁Outside salespersons
⦁Seasonal or recreational businesses i.e. ski resorts or festivals
⦁Computer specialists who earn a minimum of $27.63 per hour
⦁Newspaper delivery persons
⦁Casual babysitters or companionship providers
⦁Criminal investigators


If you’ve been working overtime and haven’t received fair compensation, it’s time for you to reach out to us. You’ve worked hard and we’re here to help you get the money you’re legally entitled to.

Alternatively, If you need more information regarding whether or not you’re eligible to receive overtime pay, call us today– we will be glad to answer any legal questions you may have!

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