Most employers pay overtime to at least part of their workforce, and workers are entitled to “time and a half”, or the usual rate and half that amount for every hour of overtime worked. Not all workers are eligible for overtime; entitlement depends on state law, job description and number of hours worked in a week.
Are All Employers Required to Pay Overtime?
Most employers pay overtime, but the rules do not apply to all. To determine whether your employer is required to do so, find out whether they are covered by the FLSA (Fair Labor Standards Act). The FLSA is the Federal hour and wage law governing overtime rules. If a business makes more than $500,000 in sales per year, it likely falls under the FLSA.
However, even smaller employers are governed by the FLSA in some cases. If your employer engages in interstate commerce (sending mail or making phone calls out of state, or handling goods from out of state), the FLSA applies. If the company you work for is not covered by the FLSA, which is rare, state overtime laws may apply. Find a Wage And Hour Lawyer in Murrieta CA to get details specific to your case.
Employees Eligible for Overtime
If a company is governed by the FLSA, it is required to pay eligible employees overtime unless there is an exception to the rule. Exempt employees include:
- Professional, administrative and executive salary-based workers
- Contractors
- Volunteers
- Out-of-office sales staff
- Seasonal recreational or amusement employees
- Newspaper delivery drivers
- Criminal investigators
- Domestic companions (babysitters, elder companions)
Calculating Overtime
If you work overtime, you are entitled to time and a half, but to determine the amount you must add up your regular pay. Your regular pay rate includes commissions, wages, bonuses, shift differentials and prizes; it does not include reimbursements, gifts and employee perks. Overtime laws differ slightly by location, but there are many similarities across the board. To learn more about your eligibility for overtime compensation, or to bring an action if your employer owes you overtime pay, Find a Wage And Hour Lawyer in Murrieta CA.
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