Am I Entitled to Overtime?
Most American workers are entitled to overtime wages for work beyond 40 hours per week. If you are reading this article, there is a good chance that you or someone you know is entitled to overtime and losing out on money.
In this article, we will break down who is entitled to overtime, and several misconceptions about entitlement to overtime. If you think that you may be entitled to overtime, call or email us today. We can help you recover the money that your employer is illegally withholding from you and your family.
“ First Misconception: If I am paid a salary, I am automatically not entitled to overtime. WRONG. Whether or not you are paid overtime depends on what you do, not how your employer chooses to pay you.
What is overtime, anyway?
Overtime is a payment entitlement for qualifying employees who have worked in excess of forty (40) hours during a workweek.[1] The federal overtime law is the Fair Labor Standards Act (“FLSA”) which mandates that, qualifying employees be paid “time and a half.”[2]
What if my employer does not pay?
If your employer fails to pay your overtime, you may be entitled to more than repayment of unpaid wages (i.e. your time and a half for excess hours). Willful violations of the FLSA (as well as New York’s New York State Labor Law (“NYLL”)) compel an additional 100% recovery in penalties. So whatever you are owed for unpaid wages, you can recover double (plus interest and attorneys fees)[3]. And you can recover these unpaid wages going back three years under federal law, and six years under New York State law.[4]
“ Second Misconception: If I work “off the books” I cannot bring a claim for unpaid wages. WRONG. It is your employer’s obligation to keep you on the books and keep records of your employment. You are not responsible, and there is no penalty to you, for your employer’s failure to do so.
Who is entitled to receive overtime?
Under the FLSA, all “employees[5] are entitled to overtime, so long as they worked for and were “employed by an employer.”[6] Based on this definition, independent contractors are not entitled to overtime.
Otherwise, all employees are entitled to overtime payments unless they are “exempt” from overtime laws.
The truth is – most employees are entitled to overtime. If you are working over 40 hours per week, you may be entitled to overtime. Granovsky & Sundaresh handles unpaid overtime cases on a contingency fee basis (meaning you owe us nothing unless we recover for you). Call or e-mail us for a consultation today.
“Third Misconception: If I have a “manager” or “supervisor” title, I am not entitled to overtime. WRONG. Just because your employer gives you a title, that does not change the law – which focuses on what you do, not what title you have.
Who is not entitled to receive overtime (i.e. who is exempt?)
1. Salary payment
To be exempt, you must earn a salary rather than an hourly rate. If you are not paid a salary, you are entitled to overtime.
2. Minimum earnings
To be exempt, you must earn at least $684 per week or $35,568 per year. If you earn less than this, you are entitled to overtime.
“Fourth Misconception: If I don’t have records of my time, I cannot prove how much overtime I worked. WRONG. It is your employer’s responsibility to keep track of your hours. Their failure to do so hurts them, and actually lowers your burden for proving your hours.
3. Job duties
Finally, to be exempt, your job must require a higher level of expertise and knowledge.
- Executive Exemption
- Supervise two or more full-time employees or four part-time employees;
- Responsible for managing part of the business; and
- Play a meaningful role in hiring, firing, and delegating tasks.
- Administrative Exemption
- Office work directly related to the business or management of the company; and
- Exercise independent judgment and discretion over important business decisions.
- Professional Exemption
- Specialized education and exercise discretion and judgment; and
- College degree, specialized certification; or higher-educational qualifications.
- Outside Sales Exemption
- Primary duty is making sales or securing contracts or orders; and
- Conduct work outside of employer’s business.
- Computer Exemption
- Employed as a computer systems analyst, computer programmer, software engineer or other similarly skilled worker in the computer field performing the duties described below;
- The employee’s primary duty must consist of:
- Application of systems analysis techniques and procedures;
- Design, development, documentation, analysis, creation, testing or modification of computer systems or programs;
- The design, documentation, testing, creation or modification of computer programs related to machine operating systems; or
- A combination of the above.
- However, computer-related employees do not have to be salaried in order to be exempt.
- Highly Compensated Employees
- If an employed individual makes total annual earnings of $107,432, that employee is generally not entitled to overtime compensation.
Questions, concerns, just want to talk to a lawyer? Call or E-Mail any time – we are standing by.
Sources:
[1] Defined as seven twenty-four-hour periods (i.e., one full week). See 29 CFR § 778.105.
[2] 29 U.S.C. § 207.
[3] See 29 U.S.C. § 216(b); N.Y.L.L. § 198(1-a).
[4] See N.Y.L.L. § 198(1-a) (applicable to New York).
[5] See generally 29 U.S.C. § 207, which holds overtime entitlements out to “employees.”
[6] 29 U.S.C. §§ 203(e)(1) & (g).
