As an employee in the United States with an hourly pay structure, an hour worked should be an hour paid. Unfortunately, some employers try to take advantage of their workers by denying them their rightful overtime pay.
By understanding how overtime pay is covered under federal and state law, you can protect your rights as a worker and, if necessary, seek legal action. Keep reading to learn more.
Overtime Pay Under Federal Law
Federal overtime laws are detailed in the Fair Labor Standards Act or FLSA. Under this act, non-exempt, covered employees are legally entitled to overtime pay for hours exceeding 40 in a workweek. The overtime rate must be at least one and a half times the employee’s regular pay rate.
Employers with a gross annual sales volume of at least $500,000, or who conduct interstate commerce, are covered under the FLSA. Note that the FLSA covers employees, not independent contractors.
The FLSA includes various exemptions. If an employee performs duties that are considered exempt in a workweek, they may not be eligible for overtime pay under the FLSA for that week. Common exemptions include:
- Executive, administrative, professional, and outside sales employees
- Computer professionals
- Farmworkers
- Drivers, loaders, and mechanics
- Salesmen, parts men, and mechanics
- Commissioned sales employees
- Seasonal and recreational establishments
Overtime Pay Under State Law
Florida doesn’t have state laws relating to overtime. The state defers to federal labor laws for overtime regulation. So, if you’re a non-exempt, covered employee under the FLSA, you’re entitled to overtime pay in Florida, with no additional exemptions to consider.
If your employer has violated overtime laws by refusing to pay for overtime hours, requiring you to work “off the clock”, or compensating you “straight time” for overtime hours, you’re entitled to your rightful compensation. Contact the experienced attorneys at Weldon & Rothman, PL for a free case review!