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Filed Under: Frequent Questions

Is an insurance adjuster entitled to overtime pay?

Yes, according to the Fair Labor Standards Act (FLSA), insurance adjusters are entitled to overtime pay.  Overtime wages should equal one and one-half times their regular rate of pay. However, some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime. That is […]

How is overtime pay calculated for an employee who gets paid commission?

In determining the overtime pay amount for an employee paid commission, employers must include not only hourly earnings and/or salary, but also commissions, certain bonuses and piecework earnings. Those are added together and divided by the number of hours worked during the workweek to determine the regular rate of pay. The regular rate of pay […]

Am I entitled to overtime pay if I get paid a commission?

Yes, you may be entitled to overtime pay if you get paid a commission and more than 40 hours in a single work week. According to the Fair Labor Standards Act (FLSA), commissioned workers are entitled to overtime pay if they are considered non-exempt.  If you believe you have been denied wage benefits, it is […]

Is a commission employee entitled to overtime pay?

According to the Fair Labor Standards Act (FLSA), commissioned workers are entitled to overtime pay if they are considered non-exempt.  Even when an employer does pay a commission employee overtime pay, the amount paid is often substantially less than the required amount.  This is because the employer may base the overtime pay on the hourly […]

What are my rights if my employer cheats me out of overtime pay?

The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt workers an overtime wage of time-and-a-half for all hours worked over 40 in one workweek.  Some states have also enacted overtime laws that regulate the number of hours an employee can work within 24 hours before receiving overtime. Money damages awarded to the employee […]

Can I file a lawsuit if I was cheated out of overtime pay?

Yes. According to the Fair Labor Standards Act (FLSA), an employer is required to pay a “non- exempt” employee overtime pay for hours worked beyond a 40 hour work week.  If you believe you have been denied overtime pay, your best option is to contact an experienced attorney who can advise you of your rights […]

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