Overtime Law

Overtime FAQs

Q: If I am paid a salary, am I eligible for overtime?

A: This is a common misconception of overtime law. Whether an employee is paid a salary has no bearing on whether they are entitled to overtime pay. Your salary just means you receive the same amount of money each week. Your eligibility for overtime depends on whether you are an exempt or non-exempt employee.

Q: Is it legal for my employer to pay me straight time, even if I work more than 40 hours in a week?

A: Generally, non-exempt employees must be paid time-and-a-half for hours worked over 40 in a workweek.

Q: I work through my lunch hour. Am I entitled to overtime?

A: Time spent working at your desk should be compensated. If you usually work through lunch, work more than 40 hours per week and are a non-exempt employee, you should be getting paid overtime.

Q: My hours are averaged over two weeks. Some weeks I work 50 hours and am not given overtime. Can an employer average my workweeks?

A: Generally, an employer is not allowed to average your work hours between two weeks when determining overtime pay. If you are working 50 hours one week and 30 hours the following week, you are entitled to overtime pay for the first week if you are a non-exempt employee.

Q: Can I receive overtime if I am required to attend training sessions and meetings?

A: Required training sessions and meetings are compensable time. If you must attend a workplace safety meeting, the time spent at the seminar should be counted towards your 40-hour workweek.

Q: Can my overtime pay be calculated using commissions and bonuses?

A: Generally, all compensation you receive should be included in the calculation of your overtime pay, including commissions and often bonuses.

Q: Can I receive comp time instead of overtime?

A: If you are receiving comp time instead of overtime pay, your employer may be violating the Fair Labor and Standards Act (FLSA). If you work 50 hours one week and your employer gives you 10 hours off the next week, your employer is violating the FLSA. Only certain employees, such as government workers, can legally receive comp time. In general, private employers are not allowed to offer comp time instead of overtime pay.

Q: Am I being cheated if I receive cash off the books?

A: If your employer pays you cash, which is not recorded, he or she may be hiding an overtime or minimum wage violation. Your employer is required to record your work hours and pay. To determine the amount owed to you, you must compare the hours you worked and the amount you received.