Am I Entitled to Overtime Pay?

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It seems simple enough. If you work more than 40 hours in a week, then you should be paid overtime for those extra hours that you worked. Things are not always so simple though, so it’s wise to know exactly when employers are actually obligated to pay you more. If you get done reading this and believe that your employer has been taking advantage of you, then you will want to talk to a Chesterfield County wage & hour law attorney.

When Does a Company Need to Pay Overtime?

Any company covered under the federal Fair Labor Standards Act has to pay workers overtime. Generally, to be subject to these regulations, a company must meet one or both of these criteria:

  • It has more than $500,000 in annual sales
  • It does business across state lines

As you can probably guess, this means that a lot of companies are covered by the FLSA. This means that many employees are owed overtime when they work extra hours during the week. They are also owed extra pay for overtime, one and a half times their normal rate of pay. In addition, most states have the same overtime requirements, regardless of employer sales or where it does business.

Let’s say that you make $40 per hour. If you work 50 hours in a week, then you should be paid for 40 hours of work at $40 per hour and 10 hours of work at $60 per hour. Most states, including Virginia, look at total hours per week worked when determining who should get overtime pay. So if you were to work 12 hours one day, you do not necessarily get overtime pay for those extra four hours. Your total weekly hours are what matters.

What Are Some Exemptions to Overtime Rules?

It is also important to note that many types of workers are actually considered exemptions to overtime rules. This is what can make things so confusing for so many workers. Workers that might be exempt from the FLSA’s rules on overtime can include:

  • Certain types of salespeople
  • Employees at seasonal amusement or recreational businesses
  • Workers in the fishing industry
  • Employees on small farms
  • Some types of computer specialists who hit a certain hourly wage threshold
  • “White collar” professionals and administrative employees

Some of these workers are simply exempt from particular FLSA rules. Others have a salary and have signed a contract indicating what kind of compensation they would receive.

When Do I Need a Lawyer?

If you work more than 40 hours per week and you are not one of the exempt types of employees, then you should be receiving overtime pay. If you are not, you can report your employer to the U.S. Department of Labor. An employment lawyer can help you do that. Our attorney can help you gather evidence and file a compelling report that encourages the Department of Labor to investigate.

Schedule a Consultation

If you suspect that your employer has not been paying you the wages and overtime that you deserve, you need to act. Contact Passero Employment Law and schedule a consultation. An experienced attorney can tell you more about your options and how you can hold your employer accountable.

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