When Does an Employer Have to Pay Overtime

There are differences in the types of jobs performed when being classified as either exempt or non-exempt. To determine the type of status an employee has, his/her work tasks are evaluated. The Fair Labor Standards Act (FLSA) categorizes exempt employees according to job duties, which are typically higher levels of work, such as executive, professional, and administrative. In general, if an employee is not a supervisor, manager, or delegating tasks to other people, then they are more than likely considered a non-exempt employee.

Non-exempt employees are those who are paid an hourly wage and who are entitled to receive overtime pay. Most employees fall under the non-exempt status and are covered under the FLSA. Being classified as a non-exempt employee usually means that the employee is not paid a salary. A non-exempt employee is paid based on the hours worked and the type of work performed.

Non-exempt employees are entitled to time and one-half their normal hourly wage for each hour that they are working overtime, which is any amount over 40 hours per week for most jobs, or more than 8 hours per day. For example, a warehouse worker who makes $16.00 per hour working 40 hours per week, is entitled to compensation for all overtime worked. Overtime is time and one-half of the regular rate, therefore this non-exempt worker is entitled to about $16.00 + $8.00 per hour over 40.

In some instances, employers mistakenly calculate a non-exempt employee’s overtime rate when they don’t add in all components, such as shift differentials and other bonuses. According to FLSA, all wages must be paid in full when due. Many employers pay wages late, which is viewed as “no payment” under the FLSA rules.

According to FLSA overtime is the amount of time actually worked past a predetermined threshold. A normal work period for non-exempt is 7 consecutive days working 40 hours per week. Once an employee has worked passed the initial 40 hours they are entitled to overtime. More than 8 hours a day is considered overtime, but employers may pay on a basis of their choosing as long as it falls within the guidelines set out by the FLSA, which any employment attorney can help clearly define.

Other factors that come into play when discussing FLSA regulations for non-exempt employees involve training time, time worked off the clock, breaks, etc. Any time an employee works, they must be compensated, but if it is a break time longer than 30 minutes it can be deducted from work time. In some cases there are salaried non-exempt employees who can be paid in salary form, but are still entitled to overtime pay as long as they work more than 40 hours.

In many cases an employer can be liable for damages for incorrectly classifying an employee. If a non-exempt employee is paid “late” wages, they have the right to contact a labor law attorney due to a violation of FLSA regulations. At Consumer Action Law Group, our employment lawyers help employees understand their rights, to know if they are wrongfully compensated. Call our Employment lawyer in Los Angeles for questions about classification. We help non-exempt employees get the compensation they deserve if they did not get paid fairly. When there are questions about income, overtime, and fair wages, it is best to call the employment lawyers at Consumer Action Law Group and get the answers needed: Call 818-254-8413 today for a free consultation and free legal advice.

When Does an Employer Have to Pay Overtime
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