Most of us get motivated by our paychecks and not how passionate we once were when we got jobs. That happens for different reasons, such as an unconducive workspace, annoying work colleagues, a bad work culture, or a bossy boss. Most people stay regardless because, at least, they get paid till they retire. Some go for overtime not because of the job but for the extra money they stand to get.
Most government agencies understand the importance of paychecks, and they have made labor policies that protect employees’ pay. These agencies tend to any violations and complaints workers make regarding their wages. These policies are mostly applicable to full-time employees. The FLSA (Fair Labor Standards Act) is not concerned with part-time employees and independent contractors.
Understanding Overtime Pay
We all know what overtime is, right? Well, it is often done by full-time employees when they decide to go for extra hours after their normal working hours. These extra hours come with extra compensation. The DOL (Department of Labor) administered the overtime policy, and of course, it did so with the approval of the FLSA.
The policy states that every employee is eligible for overtime and should get paid at least 1.5 times higher (one and a half) than their regular work period, which is 40 hours per week. That is, no worker should work overtime for free and should not be denied overtime compensation; otherwise, the employer would be violating an FLSA law.
Minimum Wage Standards
Every state has its regulations and standards for work and wage conditions, which were enacted to prevent unfair worker treatment. Currently, the federal government, through the FLSA, set the wage limit to $7.25 per hour. States can have their regulations, but they must not fall below the federal government’s given limit. So, states can either pay the exact minimum wage or something higher.
“Living wage” laws have been enacted by a few local counties and cities, which raise the minimum pay for businesses that are hired to carry out government or local area operations. In certain situations, business owners are required to pay the highest local, state, or federal minimum wage.
Employers are not compelled to pay employees on an hourly basis, even though it is in the statutory minimum wage policy. As long as the entire compensation, when divided by the number of hours the employee worked, equals or exceeds the minimum wage, it is permissible by law.
Who Are Those Exempted from Overtime Pay Requirements?
Most workers want to know about those who are exempted from partaking in overtime. Well, according to the United States DOL (Department of Labor), all workers earning below $35,658 annually or $684 weekly are qualified for overtime compensation. Those who receive higher wages are exempted if they work in any of the following fields:
- Executive level position: The job’s responsibilities are tied to the organization, and that is managing its operations. They are mostly paid higher wages, so they need no overtime
- Administrative positions: They are mostly in charge of non-office or office tasks and engage in discretionary decision-making processes
- Creative experts: Their major role requires talent, invention, or originality in a creative or artistic field
- Learned professional: These tasks require advanced and specialized knowledge obtained through specialized and prolonged education
- External sales employees: They mostly work outside the workplace and are required to reach daily, weekly, and monthly sales targets
- Computer workers: They consult, modify, or develop computer programs or systems
Conclusion: Have You Been Denied Overtime Pay or Wage?
Now that you might have understood worker’s overtime and wage laws, you should know that you have the right to get paid for your work hours. “If you have good reasons to believe that your employer has violated any of your state or federal worker’s wage or overtime guidelines, you can seek legal remedy,” says attorney Michael Lore of The Lore Law Firm. You can contact an employment attorney that can help you through the process.
Source:
The Lore Law Firm has over 25 years of experience representing workers nationwide in all types of employment-related claims, and recovering millions of dollars in back wages and damages for thousands of workers.
