Employers are responsible for providing prompt and accurate compensation for their employees. Regulations and standards for employee rights are generally outlined in the FLSA. Depending on the details of your employment and salary your boss may be required to pay you overtime if you work more than 40 hours in a week. It is important to ensure that you are fairly compensated for all work performed so reach out to an Atlanta wage & hour law attorney for more information and skilled representation.
What is the FLSA?
The regulations and rules for various labor laws, including the federal overtime provision, are established in the FLSA. The FLSA (Fair Labor Standards Act) is a federal U.S. labor law designed to protect workers against unfair labor or pay practices. It establishes minimum wage, overtime pay eligibility, child labor laws, recordkeeping, and more.
One of the most important standards set in the FLSA is the requirement for overtime pay.
Is My Boss Required to Pay Me Overtime?
The answer to this question depends on the specific circumstances of your employment. Some workers are considered exempt from certain labor laws like overtime.
In general, the FLSA requires that nonexempt employees be paid overtime pay for hours worked in excess of 40 hours in a workweek. This means that workers who work over 40 hours in a week must be paid their regular rate for 40 hours and at least 1.5 times their regular rate for the additional hours. If you meet the requirements for a nonexempt employee then yes, your boss is required to pay you overtime. However, not all workers fit this criteria.
Who is Exempt from Overtime Laws?
Section 13 of the FLSA outlines exemptions for overtime pay for certain employees. Employees who work in a bona fide executive, administrative, or professional capacity are generally exempt from overtime rules.
To be considered exempt these workers must meet the following requirements.
- Be a salaried employee, meaning that they are paid a fixed and predetermined amount that is not subject to reduction due to the amount of time or quality of their work
- Be paid at least $844 per week
- Perform primarily executive, administrative, or professional duties
If you meet the above criteria you are considered an exempt employee and are not eligible for overtime pay. Salaried employees who meet the standard salary level and duty requirements generally receive other benefits like paid time off and flexibility with their schedules.
Speak to an Employment Lawyer Today
It is crucial that your rights are protected in the workplace. If your employer is withholding wages or refusing to pay you your deserved overtime rate you may be able to pursue legal action. Reach out to an experienced employment attorney to learn more about your rights and legal options today.
