Wage and Hour Laws: Unpaid Overtime

If an employee works more than forty (40) hours in a one-week period, he or she may be entitled to overtime pay, depending on a variety of factors. There are both state and federal laws and regulations that govern overtime pay, which are very specific about the types of employers and employees that may be eligible for overtime pay. As a result, if you believe that you are entitled to overtime pay, and your employer will not pay you overtime, you may have a valid legal claim under state and/or federal law for unpaid overtime.

Please note: salary overtime is not part of overtime regulations. Overtime policy may vary for different companies regarding salaried employees, but usually overtime labor laws do not required.

Fair Labor Standards Act Overtime Requirements

The Fair Labor Standards Act (FLSA) is a federal law that generally requires you pay overtime to your employees if they have worked more than forty (40) hours in a one-week period. Overtime pay is defined as at least one-and-one-half times your normal rate of pay. However, there are several exceptions to the FLSA requirement of overtime pay for certain types of business and employees. For example, only some types of employers are covered by FLSA. Employees can be eligible for enterprise coverage under the FLSA if their employer generates at least $500,000 per year in sales, or if their employer is a hospital, school, or nursing home. Likewise, employees may be entitled to individual FLSA coverage if their jobs involve commerce, or the production of goods for commerce, or if they are employed as domestic service workers.

Exempt vs. Non-Exempt Employers

Due to the number of exceptions built into the FLSA, some employees may be exempt, or not subject to FLSA requirements, whereas other employees may be non-exempt, or subject to FLSA requirements. For instance, many professional, executive, computer, administrative, and outside sales employees, as strictly defined by U.S. Department of Labor regulations, are exempt employees; as a result, they are not entitled to overtime pay under the FLSA. Typically, exempt employees earn a certain level of salary, rather than an hourly rate, and have certain management or and/or supervisory responsibilities. On the other hand, the types of employees that are non-exempt vary widely, and may include such employees as hourly factory workers, janitors, maids, and food service workers. Finally, it is important to note that some jobs may require both exempt and non-exempt duties, and an employee’s entitlement to overtime pay may differ, depending on the circumstances.

State Specific Overtime Laws

In addition to the FLSA, many states have enacted overtime pay laws that may even exceed the protections provided to workers by the FLSA. If both the FLSA and a state overtime pay law apply to a particular employer, that employer must pay whichever overtime pay rate is higher, whether it is pursuant to state or federal law.

Remedies for Unpaid Overtime

On the federal level, the Wage and Hour Division of the U.S. Department of Labor is responsible for enforcing the FLSA. If you believe that you are entitled to overtime pay under the FLSA, you can contact your regional U.S. Department of Labor, or call toll-free at 1-866-4USWAGE. U.S. Department of Labor investigators may contact your employer and determine whether an FLSA violation has occurred. If your employer has violated the FLSA, your employer may be subject to civil fines and penalties, criminal prosecution, and even imprisonment. Additionally, most state governments maintain an office, or state department of labor, that monitors and enforces employers’ compliance with any state overtime pay laws. See the state agencies page on Joseph, Herzfeld, Hester & Kirschenbaum’s website for an agency in your state.

Therefore, if you believe that you have a valid legal claim for unpaid overtime, contact your attorney, and/or the state or federal departments of labor, for assistance with your claim.

If you are in the New York, New Jersey or California areas, learn how a local employment lawyer can assist you with your claim

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