Overtime pay is a key worker protection in U.S. labor law. If you work more than 40 hours in a week, you may be entitled to extra compensation under the Fair Labor Standards Act (FLSA). But not all workers qualify, and employers sometimes misclassify employees to avoid paying overtime.
What Is Overtime?
Under the FLSA, overtime is:
- Any time worked over 40 hours in a single workweek
- Paid at 1.5 times the regular hourly wage
Example: If you earn $20/hour and work 45 hours, you receive $30/hour for the 5 overtime hours.
Who Is Entitled to Overtime?
Non-exempt employees are entitled to overtime pay. These typically include:
- Hourly workers
- Low- to mid-level office employees
- Some salaried workers earning under a threshold (currently $35,568/year as of 2024)
Exempt employees are not entitled to overtime and may include:
- Executives
- Professionals (lawyers, doctors)
- Administrative employees with decision-making authority
Being salaried does not automatically mean you’re exempt.
Common Overtime Violations
- Misclassifying employees as exempt
- Paying straight time instead of time-and-a-half
- Off-the-clock work (e.g., answering emails after hours)
- Comp time instead of pay in private companies (not allowed under federal law)
What Should You Do If You’re Not Paid?
- Document your hours – Use logs, timesheets, or emails.
- Talk to HR – Raise concerns internally first.
- File a complaint with the U.S. Department of Labor (DOL)
- Consult an employment attorney for back pay or damages
You have 2 years to file a claim—or 3 years if the violation was willful.
State Laws May Offer More Protection
Some states (like California and New York) have stricter overtime rules. For example, California requires:
- Daily overtime after 8 hours
- Double time after 12 hours
Always check your state’s labor laws in addition to federal guidelines.
Can Employers Retaliate?
Retaliation for claiming unpaid overtime is illegal. If your employer demotes, fires, or harasses you, you may file a retaliation claim and seek damages.
Conclusion
Understanding overtime laws empowers workers to demand fair compensation. If you’re unsure about your rights or suspect a violation, don’t hesitate to seek legal help.
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