Can salaried employees receive overtime?
Under normal circumstances, salaried employees are not entitled to overtime pay. But certain terms of employment could overwrite this rule. To better understand which salaried employees are entitled to overtime, let’s discuss the exemptions you need to know.
To be exempt from overtime pay, an employee must earn over $684 per week, or $35,568 a year. This is the minimum salary threshold per the US Department of Labor as of 2022.
Secondly, the employee must meet the qualifications for one of the overtime exemptions set by the Federal Fair Labor Standards Act (FLSA).
Therefore, if the employee earns less than $684 a week and qualifies for the overtime exemptions set by the FLSA, they may be eligible for overtime pay if they work more than 40 hours a week.
What Are the Overtime Exemptions Under the FLSA?
As of 2022, the overtime exemptions under the FLSA include employees working in executive, administrative, professional, computer-related, sales, and high-compensable positions.
What Should I Do If My Employer Refuses to Pay Me for Overtime Hours Worked?
If your employer refuses to pay for overtime, you may have an unpaid overtime case against them. But first things first, you need to confirm that you are entitled to overtime based on your employment category. Generally, you are entitled to overtime pay if you get paid by the hour. And even if you are not an hourly employee, you may still be entitled to overtime pay if you meet the requirements stated earlier.
If you believe you are entitled to overtime, you need to inform your employer about the unpaid overtime they owe you.
I’ve Informed My Employer About the Overtime Pay, but They Still Won’t Pay. What Should I Do?
In that case, you may need to file a dispute with your state’s labor and employment agency. The state should investigate the case and compel your employer to pay what they owe or face certain consequences.
The other option is to contact Morgan and Morgan labor and employment attorneys. Morgan and Morgan files the most employment litigation cases in the United States. For this reason, you can rest assured that your case will be handled by an expert when you contact us for a free case evaluation.
What If I Have a Valid Case of Unpaid Overtime Against My Employer?
If your case is valid, we will collect crucial evidence to prove that your employer owes you the stated amount. We will also find ways to maximize your claim. Then, we will inform your employer about the unpaid overtime dispute, providing them with an opportunity to negotiate an out-of-court settlement.
What If My Employer Is Unwilling to Negotiate Out of Court?
We will pursue other legal options if your employer does not want to negotiate with our labor and employment attorneys. This includes filing a lawsuit against them. But in most cases, employers will not want to go this route because it is not only expensive but also because it could ruin their reputation if they lose the case.
How Do I Prove Unpaid Overtime?
To prove unpaid overtime, you will need to document the hours you worked, including those that count as overtime. If anyone saw you working that particular shift, you may take their contact information for future reference.
In addition, keep records of anything that could be relevant to your case or prove that you actually worked that particular shift. For example, did you clock in using electronic time management software provided by the company? If so, you may want to obtain copies of your arrival and departure times.
Similarly, if you wrote any reports while on shift, you may want to keep records of these reports to prove that you worked that particular shift.
Can My Employer Punish Me for Claiming Unpaid Overtime?
If your employer punishes you for claiming unpaid overtime, this action will make the situation even worse for them. It is illegal for employers to retaliate against their employees for participating in certain protected activities. Therefore, per labor and employment laws, your employer could be guilty of wage theft and retaliation.
What Are the Remedies for an Unpaid Overtime Claim?
If your employer is found to have willingly denied you the right to overtime pay, they may be ordered to pay the lost wages, attorney fees, and other costs. They might also be required to change company policies or risk losing their license. In cases where the employer was grossly negligent, the court might award you punitive damages to punish them for their conduct.
How Can an Unpaid Overtime Attorney Help?
Labor and employment laws in the US are complicated. You need experienced employment and labor attorneys to determine whether you are an exempt or non-exempt employee. And even if you are an exempt employee, you may still be entitled to overtime pay, as mentioned earlier.
Remember, rogue employers use different tactics, such as misclassification, to deny their employees overtime pay. This might save them thousands of dollars at the expense of your hard work. In that case, our attorney can help build a strong case, assess your damages, and negotiate a reasonable settlement on your behalf.
And if your employer is unwilling to settle the matter out of court, the attorney might file a lawsuit against them, presenting the case before a judge.
You should not beg for payment you worked so hard for. Instead, fill out our free case evaluation form if you believe your employer owes you overtime pay but refuses to pay what they owe. Our attorneys might be able to have them pay more than what they owe.