IF YOU WORK MORE THAN 40 HOURS PER WEEK AND DO NOT RECEIVE OVERTIME PAY
General rule: Employees who work more than 40 hours per week must be paid one and a half (1 ½) times their “regular rate of pay” for each hour worked over 40 in a workweek.
Payment must be in cash, not time off, or “comp time.”
Exceptions: employees who are generally not entitled to overtime include:
Job titles do not determine exempt status: Just because your boss calls you a “manager” or “independant contractor” does not mean you aren’t eligible for overtime
All employees earning less than $455 per week or $23,660 per year are automatically entitled to receive overtime pay even if they are salaried employees.
Laws governing overtime wages are complicated. Contact us today for a free evaluation to see if you qualify.
WHAT IF I WORK “OFF THE CLOCK” AND HAVE NO RECORD OF MY OVERTIME PAY?
It doesn’t matter. Your employer is responsible for keeping accurate records of the overtime that you work.
WHAT IF I SIGNED AN AGREEMENT TO NOT RECEIVE OVERTIME PAY?
It doesn’t matter if you signed an agreement. You cannot waive your right to overtime pay.
WHAT IF MY BOSS CALLS ME “MANAGER?” CAN I STILL GET OVERTIME?
If you are paid a salary of at least $23,660/year and their primary duty includes:
- management of a division/department;
- regular supervises 2 or more full time employees; and
- hire/fires employees
WHAT IF I’M PAID A SALARY?
If your salary is less than $23,660 per year (or $455 per week) you are automatically entitled to overtime regardless of your title or duties.
Your primary job duties (not your title) determines if you are entitled to overtime:
- Even if you are paid a salary of more than $23,660 per year, but your primary duty is not an “exempt” position, you are entitled to overtime.
- Sally is a receptionist. She earns $30,000 per year. She works 50 hours per week. Sally must receive overtime pay for every hour over 40 per week.
WHAT IF I’M PAID PER JOB ON A “PIECE RATE”?
You still may be entitled to overtime pay:
Some workers get paid per job. For example, delivery boys often get paid $10 for every delivery they make. Technicians or installers often get paid $25 for every receiver they install.
To figure out the overtime rate, you must first calculate the “regular rate of pay”. To do so, we look at how much the worker receives in total compensation each week and how many hours each week he works.
Tom installs satellite tv systems. He is paid $20 for every receiver he installs. One week, Tom works 60 hours and receives a total of $600 for the receivers he installs. Tom’s regular pay rate is $10/hr, therefore his OT rate is $15/hr.