Employees who work more than 40 hours in a week are entitled to overtime pay, which is one-and-one-half times the regular rate of pay, if the employees are not exempt from pay for overtime. Overtime laws are contained in the United States Fair Labor Standards Act (FLSA), which sets out when overtime kicks in and how much employees must be paid for working overtime. Employers who violate overtime laws could face lawsuits alleging they violated laws on overtime.
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Overtime Labor Laws
Employees who are not exempt from overtime (exemption is based on administrative or executive duties) are eligible for one-and-one-half times the regular rate of pay for hours worked above 40 in a week or eight in a day. Violations of overtime labor laws include failure to pay employees overtime when they work overtime hours, failure to include non-discretionary bonuses when calculating overtime pay and misclassifying employees as exempt from overtime when they are not.
The FLSA requires most employees in the US be paid at least the federal minimum wage for all hours worked and overtime pay at one-and-one-half times the regular rate of pay—including non-discretionary bonuses—for all hours worked over 40 in a workweek. Many states also have laws governing minimum wage and overtime hours.
Section 13(a)(1) of the FLSA provides exemptions from overtime pay for employees who are executive, administrative, professional and/or outside sales employees. There are certain tests that must be met for employees to be exempt from overtime pay; simply using "administrative" in a job title does not automatically exempt the employee from overtime pay.
Defining Exemptions from Overtime Pay
Section 13(a)(1) of the FLSA exempts executive, administrative, professional, and outside sales employees from the FLSA's overtime requirements--as long as they meet certain tests regarding job duties. If these tests are met, they are ineligible for overtime.
To qualify for an exemption from overtime pay requirements under these categories, the employee must generally pass a two-pronged test consisting of a salary basis test and a duties test.
A salary test is usually met if the employee is paid a fixed amount of money weekly, bi-weekly and/or monthly, and there is no deduction from this fixed rate based on the quantity or quality of the work.
A duties test is different for executive, administrative and professional employees. The duties test is met by the actual work being done as opposed to "job titles" or written "job descriptions."
To Be Exempt as an Executive Employee, a Person Must:
To Be Exempt as an Administrative Employee, a Person Must:
- customarily and regularly direct the work of two or more other full-time employees;
- have management as his/her "primary duty;"
- have the authority to hire and fire, or effectively to recommend such action or other changes in status;
- customarily and regularly exercise discretionary powers;
- spend no more than 20 percent of his/her hours in the workweek in activities not directly and closely related to the above duties, or 40 percent in a retail or service establishment.
- be paid "on a salary basis."
To Be Exempt as a Professional Employee, a Person Must:
- have as his/her "primary duty;"
- office or non-manual work directly related to management policies or general business operations; or
- performing work in educational administration, which work is directly related to academic instruction or training
- customarily and regularly exercise discretion and independent judgment;
- regularly and directly assist a bona fide executive or administrative employees; or
perform under only general supervision work that is specialized or technical and that requires special training, experience, or knowledge; or perform special assignments or tasks under only general supervision;
- spend no more than 20 percent of his/her hours in the workweek in activities not directly and closely related to the above duties, or 40 percent in a retail or service establishment; and
- be paid "on a salary basis."
- have as his/her primary duty work which requires:
- advanced knowledge customarily requiring extensive education; or
- originality and creativity in a recognized artistic field; or
- teaching or otherwise imparting knowledge as a teacher in a school or in an academic or educational institution; or
- theoretical and practical application of highly specialized knowledge in computer systems analysis, programming, and software engineering in a computer/software occupation;
- consistently exercise discretion and judgment;
- perform work which is predominantly intellectual and varied, and which cannot be standardized in relation to a given period of time.
- spend no more than 20% of his/her hours in the week in activities not essential and necessarily incidental to the above duties; and
- be paid on "a salary basis."
Outside Sales Exemption
These employees engage in making sales or obtaining orders away from their employer's place of business. They don't devote more than 20 percent of the hours worked by non-exempt employees of the employer to work other than the making of such sales.
Wage and Hour Lawsuits
Wage and hour lawsuits involve violations of laws concerning minimum wage, meal periods and rest breaks, off-the-clock work, documentation of wages, compensation of work-related expenses and overtime pay.
Unpaid Overtime Legal Help
If you or a loved one is owed unpaid overtime, you may qualify for damages or remedies that may be awarded in a possible class action lawsuit. Please click the link below to submit your complaint to a lawyer who will review your claim at no cost or obligation.
Last updated on Feb-5-13
OVERTIME ARTICLES AND INTERVIEWS
Lady Gaga Overtime Lawsuit
New York, NY:
Refusing to pay overtime
? Let’s hope that Mother Monster isn’t Born That Way. Her former assistant, Jennifer O’Neill, has filed an overtime lawsuit against Lady G, claiming that she is owed $393,000, plus damages for more than 7,000 hours of unpaid overtime [READ MORE]
Wal-Mart Working Conditions Prompts Overtime Class Action Lawsuit
Wal-Mart is facing an unpaid overtime
class action lawsuit brought by temporary employees who allege they are not paid for arriving early, staying late, or working through their lunch or rest breaks [READ MORE]
Moving Company Workers often denied Overtime
Andy has worked many years at a moving company making $12 per hour. He doesn’t recall ever working less than 12 hour days and never received pay for overtime. Andy was afraid of “rocking the boat”--until he understood overtime laws and his entitlement to pay for overtime [READ MORE]
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