Overtime Pay: How do I Know if my Employer Owes me Money?
October 5th, 2009. By Kristine B
Yeah, it sounds like a bad Whitney Houston flashback…”How will I know if he…” Whoa there—back on topic. Overtime pay? Good question. So that’s the focus of this week’s Pleading Ignorance.
If you’ve opened a newspaper lately—or looked at virtually any news website including our own recent post on 61 companies with OT pay issues—you’ll know one of the major issues in US courts right now is Overtime Pay—or more aptly, missing overtime pay from a lot of folks’ paychecks. What you might not have known is that overtime laws in the US are not as clear-cut as many people think. In fact, if you’re not getting overtime pay there’s still a chance you should be. How’s that? Read on…
Overtime in a Nutshell
Basically, overtime occurs when a person works more than a set amount of time either daily (over 8 hours in a day), or weekly (over 40 hours in a week). Overtime is regulated by the Fair Labor Standards Act (FLSA) and by state laws. When both the state and the FLSA cover overtime, employers must go with whichever one holds the employer to the highest standards—essentially meaning whichever one provides the most pay to the employee (that’s good news for the employee).
When an employee works more than 8 hours in a day or 40 hours in a week—and let’s be honest, who hasn’t worked that much at some point—the employee is supposed to get 1.5 times her regular wage (that’s the “time and a half” everyone’s always talking about).
So, let’s say an employee makes $10 an hour and works 44 hours in a week. The employee should be paid $10 for the first 40 hours and $15 for the additional 4 hours.
Seems straightforward, no? But it’s not, because not everyone is eligible for overtime pay and that is where things can get kind of tricky, to put it mildly.
Exempt and Non-Exempt Employees
The FLSA says that not everyone is entitled to overtime pay. Confusingly enough—of course the government won’t just be straightforward—they have phrased it so that Exempt employees are NOT eligible for overtime pay and Non-Exempt employees ARE eligible for overtime pay.
Got that? I’ll say it again. If you are not exempt—aka “Non-Exempt”—from overtime pay, you are actually eligible to be paid overtime. If you are Exempt from overtime pay, well, you won’t be getting any extra dollars for all those extra hours you work.
Now, figuring out if you are exempt or non-exempt is a battle-and-a-half, so pay close attention here (although I like to think you’ve been paying close attention all along).
There are three questions to ask to determine if you are eligible for overtime pay. In order to be Exempt from overtime pay (no extra money for you) you must answer “Yes,” to all three questions. Not just one or two of them, but all three. Seriously. ALL THREE.
1) Do you make at least $23,600 per year (or $455 per week)?
2) Are you paid salary?
3) Are your main job duties administrative, professional or executive?
If you said “Yes” to all three of those questions, then you are probably Exempt from overtime pay. If you said “No” to at least one of them, then there’s a good chance you should be getting overtime pay.
Now, here’s the other tricky part (and the reason I used “probably” in that earlier paragraph)—the question about job duties is not straightforward. A lot of people are given a fancy-schmancy job title—like Executive Administrative Manager in Charge of Facilitating Customer Relations, or some such thing. But when you look at what their actual job responsibilities are—maybe they’re customer service people working the phones at a call center—they should probably be getting overtime pay, too. They may think they’re “executive” or “administrative”, but really, they’re not, it just sort of looks like they are from their job title.
But, that’s for another time. In fact, that’s for the next Pleading Ignorance blog post, when I go more in-depth into what the Exemption tests are. Don’t worry; there won’t be a test at the end of this. But, there could be more money for you, if you discover that you should be getting overtime pay and are not.
Next time, Understanding the Exemption Questions: Why you shouldn’t just count on what your employer calls you to figure out whether you’re entitled to some OT pay; and why being “on salary” doesn’t necessarily mean you’ve kissed your overtime pay eligibility goodbye.
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Ive been working for a veterinarian now for about 15 months. My question is, Is it illegal if we hit the 40 hour mark he makes us clock in at his other hospital so he doesn’t have to pay us overtime?
Definitely illegal. Big time no no!
My employer makes us bring work files to the office without compensation .on our days off and it is approximately 100 miles round trip.
Needs to pay Milage plus time traveling
Am I obligated to be paid over time after working a 12 hr shift even if I’ve only worked one day that week, do I get paid for the 4 extra hours as time and a half?
MY EMPLOYER PAYS ME A “GUARANTEE” I HAVE TO CLOCK IN EVERYDAY I WORK AND CLOCK OUT. NOW I GET PAID 500 A WEEK AT 12.50 AN HR. BUT I CAP OFF AT 500 EVEN. NOW I WORK ABOUT 55 HRS A WEEK EVERY OTHER WEEKEND, BUT THEY DO NOT PAY ME EXTRA SO IM SALARY RIGHT! BUT IF I MISS ONE DAY THEY WILL DEDUCT MY PAY THAT BEEN HAPPENING FOR OVER TWO YEARS IS THIS LEGAL.
When you say that he pays you a “GUARANTEE” sounds as if you are getting paid as a salary employee which means that he should not pay you for those extra hours. HOWEVER, if he is not paying you for those extra hours he also has to pay you for that day you missed work.
I have been with the company now for a year when I was employed they told me that I do not have to work on weekends the after a few months I was instructed to start working on weekends and overtime will be paid to me ive been waiting since last year October for my overtime and as of today I have still not received any money I have asked and I get the silent treatment I have emailed all claims and still nothing it drives me insane as it is costing me 200 a weekend to come to work for 2 hours and go home and im loosing my money and they gaining what to do????
I’ve been working for ABM for almost too months my hour that I had worked for is 189 hrs and all I’ve got paid is14 hrs &8 & 65& now he’s paying me with every check several hrs ever one else got paid just me and all I got paid is regaller time is it illegal like one check came up to 96 hrs regularly
I’ve been work in a department with higher pay for, 3 months and haven’t been paid the wage for my work
I worked for a company an they have screwed me out my money I have my check stubs with clock in an out papers for proff I still have not received my money it’s always an excuse
Okay I currently work for an electrical company and we are really busy to the point oh 60-70 hours a week……and I know overtime is anything over 40 hours. However at the beginning of the summer when I was filling out my application the was a paper (found out after asking why I’ve been being shorted 7 hours of OT every week for the last 3 months) and apparently when you start working there they give you a paper that says over time does not begin till after you have hit 47 hours. Is this legal? So do I have a leg to stand on if I call the work force and or get an attorney?
So to summarize I only get OT for every hour after 47 hours wtf is up with that and is it legal.
Hi Robert–you can submit a complaint form for an attorney to review if you’d like. We can’t answer your question directly as we’re not attorneys ourselves, but it may be worth submitting your question for review. Here’s the form: https://www.lawyersandsettlements.com/submit_form.html?label=overtime&forward=319823
I’ve been @ my job for 51/2 years and working 113-120hours every 2 weeks and only getting straight pay. Do I qualify to get that money back?
My wife have been working for a Hospital for the last 4 years or more. She is a Manager and have been working from 8am – 7:30pm+ (11.5hrs per day, 57.5 hours PER WK = 17.5 hrs OverTime – AT LEAST), never been able to get her complete breaks and lunch time, they have reduce personnel, add on the responsibilities to other employees but mainly SHE has to do it. Recently, they have decided to let go the Temps employees and told her that she has to deal with those responsibilities, in other words, like always, they don’t care how but she will have to do it. Her health is deteriorating and her personal, family and spiritual life is almost gone.
My wife is afraid to loose her job if she makes any comments or complains. I want to know what rights do THEY have. Is there a possibility on doing something? ALL THE MANAGERS and employees are in a similar situation. Do they have any rights? They all are been exploited.
my husband has been working for a company for 7 months and has not been getting paid overtime. in fact the labor board has been to this company over and over again but everyone is afraid of losing jobs so they dont say anything. They started changing his paycheck stubs saying that he is making 20$ an hour and putting less hours to get around the ot when he only makes 12$ an hour. The employees know what is going on but are afraid of losing their jobs if they try to be treated fairly and get paid for overtime.
I have work in a small store for three month,it was suppose to be from 11am to 7pm 6 days a week ,just intill the owner got her new restaurant going,she paid me 225 a week,but before the 2nd week ,she ask me to come in at 9am to 9pm. 7 days a week ,a couple of weeks later she said she was giving me 300 aweek for 84 hrs aweek ,she treated me like she was doing me a favour,finally I was so upset after she yelled at me in front of a customer, the next day I handed her her keys and the money the earn from the day before,and walked out,I ask her if she was going to pay me any money and she said the check is in the mail and laugh ,
My son works for the Natural gas industry in PA as a frac supervisor. He will sometimes work a 21 hour shift and not get overtime. Is this legal?
I have a question I work as a cook and get paid 9 dollars an hour I work 61 hours a week we get paid every week but I never see overtime am I supposed to be getting it.and now he is talking about cutting my pay to have more money in his pocket. For 6 mouth I worked for 5 dollars an hour and worked 70 or more a week.
I work as Project Manager for a general construction company. My employer is getting reimburse for our overtime hours, including the project managers, by the company that hire us to build their project. Are they required to passes this pay to us even thought we work on salary?
my agency is doing that to me too, they bill the company i am contracted to time and a half but DO NOT pass that onto to me. I need to know the same thing
Hi Diane and Jeff, if you haven’t already, you may want to submit a claim form for an attorney to review. Here is the link: https://www.lawyersandsettlements.com/submit_form.html?label=employment
Diane, Jeff and Admin
I also am a Project Manager and when I was hired on with my current company approx 9 months ago, I was told verbally, upon accepting the position that I am required to work a minimum of 10 hours a day. So essentially my great pay salary is an optical illusion. If I reverse the math and reapply it with the correct calculations, my salary is approx 30% less then what’s shown on my pay stub. I also am afraid to lose my job. I did ask for more money ($15k) to accommodate the extra hours. They called me into the office, increased my pay only by $5k and gave me a demotion to Project Engineer. I feel very taken advantage of. What are my options??? Thanks
Hi Bobby,
You can submit a complaint form here for an attorney to review. https://www.lawyersandsettlements.com/submit_form.html?label=employment
Ive been working 98 hours every two weeks and once have received ot pay i make cabinets for minimum wage and my pay checks dont have my hours worked so i really cant prove it only by showing i made 98 hours times minimum wage total on my check
I have been working for an Insurance agency for 5 1/2 years ,and gave my 2 week notice ..after finishing my first week they said not to come back to finish 2nd week but they are not offering me compensation for second week and I get 5 weeks sick , personal , vacation time now ! I am a licensed broker in the state of Florida ,what are my rights
Lets say i work over 100 hours,I don’t get paid over-time.
Im a regular employee and just received a $1 raise so now I am at $10.00. Is this even legal?
My son works for Halliburton in the oil and gas industry. He was getting paid a salary. But works up to 24 hrs a day while on the job. Halliburton has settled with some of its employees but he has not collected anything. I work for Baker Hughes and Schlumberger from 1995-2010 making a very small salary working anywhere from 12 to 24 hrs a day on many drilling rigs… Where do we stand on this issue. Baker has settled with many employees but Im being told they only settle cases from 2012-2014… ????????
Hi Martin, Your best bet might be to try to submit a claim form for an attorney to review your complaint. You can submit a form here–it’s no charge/no obligation: https://www.lawyersandsettlements.com/submit_form.html?label=overtime&forward=319823
I was notified by my employer of a status change and job title change by email but did not receive any verbal are written notice directly. Now I am an hourly non exempt employees but I meet all criteria for being exempt and benefits eligible what should I do.
I left the company I was with and was not paid for overtime. On my last time cards my manager signed after I did and requested HR deduct for lunches I never took. My whole last month was spent training my replacement so I barely got a chance to use the restroom let alone eat! Isn’t it considered time card fraud if they altered my time without my knowledge to show lunch breaks I didn’t take?
I m working like nanny for 4 years and 7 months in the nevada state,my hour rate is $15,I work a least 50 hours a week, but I never get pay overtime,no holidays,no sick days and my salary always the same. Do Can I do a Claim for all the thinks I don’t have pay?They pay me two weeks vacations a year.
My job says our overtime doesn’t start until 55 hours. Also saying all other freight companies policy is the same. They make a big deal about our hourly pay, but if we got paid ot at 40hours, it would make a BIG difference on our pay check
our office is open Monday thru Thursday 8 to 5pm with 30 min lunch. Friday we are open 8 to 1 with no lunch. we get paid biweekly. so we are only allowed 78 hours every two weeks, cause that is how many hours every two weeks we are open. Now, shouldn’t an employee be paid overtime for anything worked over 78 hours? Also, for the first week if we work over 40 hours we get overtime pay, but shouldn’t it be 39 hours since the total hours a week that we are open is 39 hours not 40.
thanks
If I work OT one day is it legal in Florida to make me come in late or leave early the next day so they don’t have yo pay me the overtime I worked
My employer says I can get overtime over any 40 hrs in a week but not over 8hrs in a day because we work for some federal jobs. He’s self contracted in the construction field and we work mostly for the military. Plus we get paid previlian wages and even there I think am getting screwed. Does anyone know anything to help me out
My sister is a machinist and works for a company in Louisiana. She has been there about a year. She was getting paid hourly and pay days were every 2 weeks (26 pay checks). Now, all of a sudden in January with no warning they were changed to getting paid only on the 15th and 30th of the month (24 pay checks a year). On top of that they came to her and said she had to pay back some overtime that she was not suppose to have received. But when she looks at her stubs she worked those hours over 40. So she is disputing that. They also now have her on day shift (she was night shift) on a rotating schedule and they say now that she won’t get paid OT unless she works over 86 in a 14 day period. And they say also that she will get paid 86 hours automatically as long as she works 80. But if she misses then she will be deducted those hours. They has also made it to where the employee can’t see their clock ins and clock outs. She received no prior warning or explanation that any of this was going to happen. I know that some government employees such as police and firemen the fall under the 7(k) stipulation of the FLSA but can any company do that? Things that they are doing just do not seem right! It’s almost like they want her to be salary to eliminate OT but want to doc her if she misses a day which isn’t salary. None of it seems right or makes any sense. Can anyone shed some light on this?
I work in a bakery. I do not get overtime till I have worked 39 hours, but when I get holiday pay I only receive 37 hours for a weeks holiday. Is this legal?
I just looked at one of my paycheck a and found out I worked 97 hours in two weeks but I only received .75 of an hour of overtime. Is there anything I can do to try and get my overtime? This check was from two months ago if that matters
I work for a company where i am currently the “general manager”, i feel like the head cook and i man a station on the line any shift that i work. I am responsible for some administrative duties around 3 hrs a weeks worth of admin time out of a 65 hour work week, and to top it all off i am getting paid cash. What should I do?
Hi Steven,
You can submit a complaint form for an attorney who specializes in employment law to review. You can do that here: https://www.lawyersandsettlements.com/submit_form.html?label=employment
I work for a company that pays me biweekly I make 113 or 123 hours biweekly but when the company pays me they sometimes pay me in two separate checks I gues so they don’t pay me time in a half is that against the law and also my insurance paymen comes out of my check that’s suppose to be 200 which is 100 per pay period but if I get paid 4 times each time they take 100 what can I do
I get paid biweekly and work 8 hours a day and then get oncall just about every other day. So I’ll get about 1 to 4 hours xtra per on call . but I don’t get paid , they make me leave early depending on how much time I worked over. Is this illegal and can I get paid . and who would I notify.
At my work we have a schedule of when we get paid and it goes from Monday to Sunday 2 weeks later so if I am scheduled for the Saturday and Sunday of one pay stub then the following monday-friday am I eligible for over time?
I’m a vet tech I’ve been working for vet for 3 yrs I’ve always got paid time half for over time because I work long hours for example I worked 68 last week our office manager quick so the vet is doing payroll about month ago she said she doesn’t have to pay me time and half but just straight time I don’t think this is right so I’m trying to find out. Can anyone give me advice. I would greatly appreciate it..
I was wondering about a job I have in agriculture that pays overtime after 10 hrs a day and 50 a week. My employer is a custom farmer and doesn’t have any land himself and I was hired as a truck driver originally as I have a CDL. Do I fall into the category that gets o/t only after 10 hrs a day or 50 a week?
I work as a childcare provider for infants. I only get paid 8.25 an hour. Iv been opening up for my director at 6am every morning and working until 6:30pm. The past month iv been working over 40 hours in only 4 days. I work mon – Friday’s and not on Thursdays or weekends. I asked my boss if she pays us overtime and she says that she will count our hours over 40 but won’t double our pay and only count it as regular pay. I’m just wondering if that’s allowed or not..
I’m a full time armed security guard and I work 11.50 hrs..3 times a week..We’re asked to arrive 15 mins ahead of time for our scheduled shifts..to check the site and atm and anything else related to our job duties..We have to call in when we arrive..But when it’s time to get paid..we don’t get paid for that extra 15 mins we’ve arrived..Is that legal to do that??..Also..one more question..If your full time and your hours fall below 40 like to 13 hrs..and you do anywhere from 35 or more faithfully a week..can u get back pay for that week u fell below??..Please help..thanks!
Hi Nae, You can submit a complaint explaining your situation here (see link) and an attorney will review it. https://www.lawyersandsettlements.com/submit_form.html?label=employment
Hi I am a trucker in South Africa I am week payed my trip start on Wednesday an I told not to come work on Monday an they use my overtime to cover Monday 9 hours. So is right for them to do that or it is 36 hrs week + overtime I with like
To know thanks
I make an average of 60 hrs a week but we get paid every two weeks…..so our overtime don’t kick in till after 80 hrs….is this illegal?
I am an extra help employee at a government public agency. I currently worked 5 hours of overtime and was only paid my regular hours (straight time). Is this Illegal? I worked my normal hours of 40 per week then an additional 5 hours on my day off.
I have a question…. I get paid bi-weekly. Which is a 80 hour work period. I make 40,000$ a year and get paid by the hour. If I work 30 hours the first week and 60 hours the second week. Should I get 10 hours overtime or 20 hours of overtime? If I don’t get my full 40 hours in during the work week and I get over 40 hours the second week, my boss will take that extra time from the second week and add it to the first week. Is that legal? Shouldn’t I get overtime pay for any hours worked over 40 hours in a one week period.
Thats Illegal, no matter what week your in if it passes the 40 its OT so your employer is using this other week to steal your money. If you keep your clock in-out receipts you can totally get all your money back, if you sue him for that.
if i have employment for 12 hours per week but actually do over the 12 hours ( even if its over the 24hrs a fortnight) should i be paid overtime?
ive been told that i am not entitled to over time unless i do above 76hrs a fortnight
my boss pays us salary for 80 hrs per pay period but we get paid bi monthly on the 1st and 15th many of our pay periods exceed that 80 hr mark but my checks never adjust for these extra hours worked. sometimes its 88 hrs other times its 96 hrs. what i want to know is should she be paying me for these extra hours? i mean i know Im salary but i feel like Im working for her for free these days b/c Im not getting any extra on my check when i exceed my 80 hr pay period.
Same problem! Very frustrating when employer is intentionally paying you for 1920 hours when you actually work 2080/ per year. Sounds like fraud but I can’t get a straight answer.
Can my boss make me come in late every time when ever I make 1 or 2 hours of OT a day to complete my 40 hrs. so they wont have to pay me overtime?? Is that legal?
I been on salary for around 4yrs with this company, as a “HR Manager” making around 35,000.00/yr now I was working total of 11hrs Mon-Thur (from restaurants from home I was working every where ) 5 more hrs on Friday total of 47hrs. I drive a lot they pay miles also they pay 23dls of my cell phone bill. This company owns 29 restaurants I am the only one incharge of doing their Orientation for all of their new hires, I also do the Employee verification, I enter them into our system and also The employer provides my personal phone number to all of the new hires so they can schedule with me their orientation. Now with this new law that will take effect in December the employer wants me to clock in and out every restaurant I go to when doing orientations, they are not recording my driving time and they are telling me to stay the 11hrs from Mon-Thur in a restaurant till am done and also work those 5 hrs on Friday. Can they do this? I am working too much in 4 days straight 42hrs plus 5 more on Friday…they are telling me they want to figure it out how many hours I work, am still salary so I been doing this for 2 week straight now and I been missing out dinners with family and spending time with my 5year old. Just because they are trying to figure it out. I try to download an app that lets you clock in and out since I drive a lot so I can work ever where from home so I wont missed time with fam. But they are saying that for now I want you in a store clocking in and out till your done. What can I do help? I been with this company for 8 years total and 4 years as “HR Manager” but this clocking in and out is consuming my time and me.
I am a licensed social worker employed at a mental health agency as a Community Based Rehabilitation Worker (formerly known as Psycho-Social Rehabilitation) assisting individuals with severe mental illness. I have worked there for about 2 years now. I work approximately 50 hours a week, but I only get paid and reimbursed for about half of that. As I do my weekly time sheet every weekend and add up the billable hours, I am baffled. Although I am working all day, every day with clients, I technically only get paid for the time I am with the client. I use my own car and drive approx. 250-300 miles per week driving clients around and am not reimbursed for wear and tear on my car, and only get $16.00 every two weeks for gas, which is nothing.
To try and make this as short as possible, my wages are paid through Optum, which is a nationwide company. It is billable hours and according to Optum, I can only bill for the time I am physically with the clients. Yet, Optum requires so much paperwork to be able to work with these clients that they do not, have not, and will not reimburse me for. I spend almost every weeknight and do spend every weekend doing authorizations requesting more hours for clients; case plans; reviews; progress notes etc., and because I am not with the client while doing the client’s paperwork (which wouldn’t make sense anyways), Optum will not pay me for all of the hours I work doing the paperwork. This does not seem right to me.
I have brought this to my boss’s attention and she kind of shrugs her shoulders. She doesn’t pay me, except for an occasional staff meeting (minimum wage); and 2 hours of paperwork per week. I spend more like 20-25 hours per week on paperwork. I have sent several emails to Optum higher up’s explaining my frustrations with this and their last response was they would look into it. Yeah, right. There has got to be something illegal with this picture.
Several co-workers complain about the same thing and I think they are afraid to speak up. I am not. I am getting angrier as time goes on because my rent checks have bounced twice and I cannot pay my bills, even though I am working full-time, but only get paid for half of it. If Optum requires this paperwork, then shouldn’t we be paid to do this paperwork? I am getting burnt out and I don’t want to but I need to do something about this and advocate for this profession. Can you help direct me or give me any information as to the legality of this?
Thank you.
Hello all,
I work 73+ hours a week, our payroll is every two weeks, hence every two weeks I get paid for approx. 146 hours. However, I DO NOT GET OVERTIME, I work at a gas station so I’m not exempt and I’m an Hourly employee. However every two weeks, I get 2 paychecks, one paycheck for 80 hours, and a ” DIFFERENT ” Paycheck for the remainder. Here’s the catch, I get paid from two different corporations. My employer owns both corporations, however I do not work at the other gas station. I only work at 1 gas station the entire 73 hours. My employer had me fill out 2 W-2’s one for each corporation he owns. Hence he’s saying I work 40 hours a week at 1 and 33 a week at the other. Which I DO NOT DO. Is this even legal? I’m a bit concerned working for this place. This is in Pa.
Please help!
Souns like what your boss is doing might be legal but it also might be legal I have no idea. How the lw works, but I get the feeling what he is doing is entirely illegal. The bottom line is if you work over 40 hours in one week you are inntitleddnto overtime for any hours worked past 40 hours in one week work. Unless you are on salary . Sounds like to me you are getting scammed out of your overtime. I am no professional but I’m 95% sure you’re getting screwed.
I cook breakfast at a seasonal restaurant . I work over 40 per week. But, do not get paid overtime, was told they do not have to pay over time, WHY not. They have a inside bar, motel, pools, outside bar, motel has at least 30 rooms. Many people work for them.
I was getting overtime when I started work for a company and the company was getting bought out by another company they stop giving it to. So now the company that took over said I have to work over 50 hrs before I could get overtime. By the truck drivers still get overtime after 8 hrs a day.I used to be the same. Now they work me like a dog and still dont get overtime. The company I work for is in another state and I work in Michigan. Is it fair for them to do that. I am not salary and never was. If anyone can help let me know.