Salary Overtime

The Fair Labor Standards Act is the preeminent federal body of law detailing workers' rights to wage, salary, and overtime pay. Typically, employers will state that "salary overtime" does not need to be paid, because salaried workers are not subject to federal overtime laws. This, however, is not altogether true. All employees, regardless of the term used to provide their compensation, must earn at least minimum wage, which is the total compensation divided by total number of hours worked. Additionally, a wide number of "salaried" employees are actually guaranteed overtime pay because these individuals do not oversee other workers. Although the provisions are complex, salaried workers that work over forty hours during the workweek must be paid time and a half for all overtime hours worked if these individuals do not perform an executive, administrative, or professional duty, receive that level of salary, or hold that position. Overtime pay disputes are some of the most commonly cited employment disputes between employers and employees today, and in many cases, employers have been known to actively seek to deny employees overtime pay within, or sometimes outside of, the rules of the law.

Fast Facts

  • Independent contractors are not considered employees and are not afforded overtime protections
  • Your state's definition of independent contractor probably does not include workers receiving 1099 forms who are employed exclusively by one company. These individuals are actually deemed employees

salary overtime - Lawyers, Articles and Q&A

Search Results for "salary overtime"

Articles

Results 1-5 of 22 for "salary overtime"

Q&A

Results 1-1 of 1 for "salary overtime"

From Around the Web

Results 1-1 of 1 for "salary overtime"

SF4:0.7.5.100311.8484-