Have you been conned by your employer and not been paid your rightful wages? Instead of getting the check for overtime, you have got the same wages that you normally get? That could mean that you are getting robbed of your earned pay which you rightfully deserve. If the answer is yes, then you are at the right place. In this article, you will get to learn the overtime laws which every employee should be well aware of in order to know how much overtime pay they have earned. Also, in which instances, they are eligible for the overpay and when they need to hire an overtime attorney for unpaid wages.
OVERTIME PAY:
What is Overtime pay? In order to know what your employer owes you, it is prudent that you learn that the federal law for overtime. The overtime wages required to pay to any worker are under the conditions:
- If the worker is working more than eight hours a day
- If the worker is working more than forty hours a week.
Which implies that if the worker is working for extra hours, then he would be paid an amount which is ⅕ times what is usually paid to the employee. Though, it is to be made certain that not every worker is not eligible for overtime pay. There are many exemptions to certain job types, in which an employee is not paid their due.
EXEMPTIONS FOR THE OVERPAY:
There are three types of exemptions in which an employer is not suppose to pay for the overtime you put after the regular working hours.
- Administrative exemption: Under this, the employees working in office performing non-manual work which requires discretion, judgement and other administrative work is considered as important to the organization.
- Executive exemption: In this exemption, the employee must either be manager of the business, involved in administrative work of directing the employees, their hiring and firing the staff.
- Professional exemption: Under this, the employee must be graduated in a specialized academic degree, or their work involves artistic or creative sense and they must have position that requires a use of their knowledge in area of science and learning such as lawyers, teachers, and doctors.
CALCULATING THE REGULAR PAY:
Calculating the regular pay can be tricky. Depending on you hourly rate, the overtime pay can also increase. The following compensation factors can help you in calculating the regular pay:
- Bonuses for the production
- End of the year bonus
- Bonus given with non-discretion
- Total bonuses earned
- Shift differentials
- Wage increases
- Compulsory services tips or gratuities
- Standby pay
- Stipends
The worker’s regular wages are used for the calculation of the overtime pay. Make sure when you get the overtime check, it is calculated with the above mentioned factors. This will increase your overtime wages substantially. If the employer is giving you the pay for the extra hours based on the regular wages without considering these factors, then you have the right to ask your employer for your rightful earnings. Hire an overtime attorney if you are not getting your deserving wages, keeping in mind the aforementioned points.
