The federal and state overtime pay laws are very comprehensive and quite often confusing to a non-lawyer. Many employers do not even understand these laws and fail to comply with the requirements for overtime pay and the minimum wage laws. Employees who are not paid the required overtime pay wages can often file an unpaid overtime lawsuit for back wages that were not paid or were underpaid.
On this page, we provide answers to the most Frequently Asked Questions (FAQ’s) about overtime pay laws and filing unpaid overtime pay lawsuits. You most likely have additional questions or would like additional information to see if you have your own claim. We strongly encourage you to call our team of overtime pay law attorneys today for a Free, No Obligation Consultation to see whether you have a claim or if you can file an unpaid overtime pay lawsuit. If we accept your overtime case, we will not charge any legal fees or costs unless we are successful in winning you a settlement. Call us today at (757) 278-0364 to discuss your case right now!
What is overtime pay?
Generally, overtime pay is additional compensation paid to employees when they work more than 40 hours in a 7-day work week.
How is overtime pay calculated?
Calculation of overtime pay is regulated by the Federal Labor Standards Act (FLSA) and state laws if there are any. Under the FLSA you are entitled to one and one-half times your regular rate of pay for all hours worked over 40 in a work week. See Overtime State Laws to view specific laws within your state on overtime pay calculations and regulations. Calculations do vary, so it is important to contact an attorney to discuss your potential wage claim.
When do employees get paid for overtime hours worked?
Typically, an employer that is required to pay overtime will pay for the overtime hours you worked on your scheduled paycheck. Some states have established laws that ensure that overtime is paid within a limited time period after the employee has worked overtime. If you have specific questions about when you should be paid for your overtime work, contact our law firm today at (855) 754-2795 to discuss your claim with one of our unpaid overtime attorneys.
Is overtime pay required for holiday, weekend, or night work?
No, overtime pay is not required for holiday, weekend or night work. Depending on your job, overtime pay is only required when you work than 40 hours in a work week.
Can a salaried employee receive overtime pay for working more than 40 hours a week?
Yes, a salaried employee can receive overtime pay for working more than 40 hours a week provided their job is not exempt under federal or state law. Salary versus hourly pay makes little difference in determining if you are entitled to overtime pay.
Can my employer force me to work overtime hours?
Yes, under the FLSA your employer can require you to work overtime and can fire you if you refuse to work the overtime.
Can my boss punish me for making a claim for overtime pay?
Under the FLSA and some state laws, your boss cannot retaliate against you for making an overtime pay claim. If the employer does retaliate, you may be entitled to more damages for that retaliation.
How do I file a lawsuit against my employer for overtime pay?
If you believe you have not been paid properly for all overtime worked, you should immediately contact one of our experienced attorneys to determine whether or not your employer has violated the law. Our law firm will fill a lawsuit on your behalf if it is determined that a violation has occurred and you were not paid properly.
What are the legal fees for filing an unpaid overtime lawsuit?
At our law firm, there are no legal fees whatsoever for filing an unpaid overtime lawsuit unless we prove and win your claim. This is our No Win No Fee guarantee. You are not obligated for any legal fees or costs unless you win!
What is the statute of limitations for filing an unpaid overtime wage lawsuit?
Under the FLSA, the statute of limitations for filing an unpaid overtime wage lawsuit is two years. This statute is extended to three years if an employee can prove the employer’s wage violations were willful.
Which employees are entitled to receive overtime pay?
There are no set employees entitle to overtime pay. In fact, it can vary state by state. However, all non-exempt employees are generally entitled to receive overtime pay. The following workers are exempt under the FLSA:
- Executive, administrative, and professional employees who are paid on a salary basis
- Independent contractors
- Volunteer workers
- Outside salespeople (that is, employees who customarily and regularly work away from the employer’s business, selling or taking orders to sell goods and services)
- Certain computer specialists who earn at least $27.63 per hour (i.e. systems analysts, programmers, software engineers)
- Seasonal employees or employees of recreational businesses (i.e. ski resorts or county fairs)
- Employees of organized camps or religious or nonprofit educational conference centers that operate for fewer than seven months a year
- Employees of certain small newspapers
- Newspaper deliverers
- Employees engaged in fishing operation business
- Employees who work on small farms
- Certain switchboard operators
- Criminal investigators
- Casual domestic babysitters and employees who provide companionship to those who are unable to care for themselves (this exception does not apply to those who provide nursing care or to personal and home care aides who perform a variety of domestic services)