Are You Entitled To Overtime Pay? Have A Look At The Laws

Under the FLSA – The fair labor standards act of 1938, you are categorized under overtime if you work more than 40 hours in a week. Federal law was started to make sure that the workers in Americas are paid for the work they do. In USA, overtime lawyers are easily reachable for any exemption from pay.

When it comes to employee pay, FLSA has two major provisions:

Minimum Wage – New York’s minimum wage is about $9.00 per hour and if an employer meets the requirements of federal law, then it is necessary that the employer pays a minimum wage required i.e. $7.25 per hour.

Overtime Wages – The employer is required to pay non-exempt employees’ time and a half the employee’s normal hourly rate for all extra hours worked apart from 40 hours a week.

“The Sweat. The Time. The Devotion. It Pays Off”

There are some issues to be considered when trying to determine whether overtime wages are allocated.

1. Are you an “independent contractor”?

In order to avoid paying overtime, taxes, and other employment benefits, some companies designate the employees as independent contractor, which is often illegal. If you are not an independent contractor then you are entitled to overtime wages.

2. Blue-collar employees and manual laborers are almost always entitled to overtime pay

Manual laborers and “blue-collar” workers are paid for their overtime hours. The employees included in this are electricians, mechanics, iron workers, craftsmen, operating engineers and people who perform production, maintenance, construction etc and other forms of labor.

3. Not all office workers can lawfully be paid a salary

For overtime entitlement, it is mandatory that an employee receives a salary of at least $455/week and have well defined job duties like management and administration. Often, employers often regardless of job duties do not pay overtime and thus violate the act. Even if the employer does this unintentionally, you may be entitled to a full recovery for all overtime hours worked.

When life does not wait, Why should you? Consult an attorney, so that they take action to help get you the promise you deserve and the money you need.