Overtime Law

Calculating Overtime and Minimum Wage

Employees are entitled to the federal or state minimum wage, whichever is higher. In July 2009, the federal minimum wage rose to $7.25 per hour. Special minimum wage rules apply to tipped workers and young workers.

Non-exempt employees who are entitled to overtime pay must receive 1.5 times their regular hourly rate. Your hourly rate can be found by dividing all of your pay, including shift pay and bonuses, by 40 hours.

When you are calculating your overtime pay, make sure your employer paid you for all the hours that were worked. Your total hours include all the time you spend doing work benefiting your employer. Ensure that your total hours worked include the following:

• Staying late on the job
• Work done at home
• Time spent waiting for work
• Breaks lasting between 5 and 20 minutes
• Time spent cleaning and preparing equipment
• Time spent during training or safety classes
• Travel time on the behalf of your employer
• Time spent on charity work, when requested by your employer
• Time spent in dispute resolution meetings
• Time spent receiving medical attention on site

If you are a non-exempt employee, the overtime lawyers at Morgan and Morgan can help. Contact our experienced overtime attorneys today to get the compensation you deserve.