Many employees who are required to or volunteer to spend additional hours at their job and can be paid for working overtime. Overtime pay laws allow employees to earn one and one-half times their typical rate of pay if they work more than 40 hours in a workweek. For example, an employee who earns $20 an hour can earn $30 for that additional time worked.
However, some employees are not entitled to overtime pay. Because of this, employers may take advantage of overtime laws to avoid paying employees their full wages. Understanding overtime pay laws can help employees identify wage theft. Here is what you should know.
Who is not entitled to overtime pay?
Employees who are entitled to overtime pay are considered non-exempt. Once a non-exempt employee works more than 40 hours in a workweek, they are often entitled to overtime pay rates. However, exempt employees cannot earn overtime pay.
Following are some examples of exempt employees:
- Agricultural laborers
- Some sales staff
- Executive managers
- Administrative workers
- Professionals with advanced degrees
Further, independent contractors typically cannot earn overtime pay. They are also not entitled to many of the same protections or benefits as other employees.
What if an employer misclassifies an employee?
Some employers may violate state and federal laws by not paying their employees overtime pay. Employers can do this by misclassifying their employees as exempt or as independent contractors. However, employees who are considered non-exempt under the law are entitled to overtime wages if they have earned them. Experienced legal guidance can help employees recover the wages to which they are entitled under the law.
