Are you an employee for a company that is putting in more than 40 hours a week and wondering if you are entitled to overtime pay? Here is what you need to know about your rights when it comes to your pay.
Know What Counts As Overtime
It's important to start by understanding what is and is not considered overtime work. As an employee, you are supposed to work for no more than 40 hours per week under normal working conditions. Anything beyond that is considered overtime. However, there is a misconception that overtime only applies to hourly workers. That is not true, since salaried workers can get overtime pay in some situations.
Know Who Is Eligible For Overtime Pay
Any employee that is salaried can be eligible for overtime pay, but it is based on being under a threshold of how much they make per week. For example, if an employee makes less than $684, which means their salary is less than $35,568, then they could be eligible for overtime pay. If you make above this threshold, then you would typically not be eligible.
Unfortunately, there are some types of employees that would not be eligible for overtime pay if they made less than $684 per week. This is where it helps to speak with an overtime pay employee to see if your occupation applies to overtime rules. For example, administrative and executive positions that pay below the threshold would qualify for overtime pay.
Know About Independent Contractor Exceptions
Even if you are working for an employee for 40 hours a week, you are exempt from receiving overtime pay if you are an independent contractor. This is because an independent contractor generally has more control over their hours, the equipment that they use, and how many different jobs they can take on at the same time. They also have the ability to outsource their job to others.
Know What Is Considered A Work Week
Another misconception about overtime pay is that it is only based on a work week when you look at it on a calendar, meaning Sunday through Saturday. A work week of seven consecutive days can actually span across the calendar week. This means that you have the ability to receive overtime pay as long as you've gone over those 40 hours within a week's worth of time.
Reach out to an overtime pay lawyer for more information about your rights to overtime pay.Share