FLSA and Employees’ Overtime Wage

Under federal and state laws, employers who permit or require their employee to work for more than 40 hours within a workweek should provide them necessary pay. The extra effort exerted by the employee should be properly compensated by employers.

Role of FLSA in Providing Overtime Wage

Under the Fair Labor Standards Act (FLSA), an employee who has worked more than 40 hours in a workweek should be given one and one-half times their pay rate.

The FLSA also sets recordkeeping, minimum wage, and labor standards for children that affect part-time and full-time workers in the private sector. These labor standards also affect such worker the state, federal and local governments.

Although FLSA sets both minimum wage and overtime pay, this law does not regulate or require the following:

• Fringe benefits or pay raises
• Severance, vacation, holiday, and sick pay
• Premium pay for holiday or weekend work
• Rest and meal periods, vacations, and holidays off

Exempted Employees

However, take note that not all employees in a company covered by FLSA may receive overtime pay. Exempted employees, are those who are not covered by FLSA, meaning even if they work more than 40 hours, they are not entitled to receive overtime pay. To give you a clearer understanding about this, here are some examples of exempted employees:

• Executive, professional, and administrative workers who are compensated on a salary basis
• Volunteer workers
• Workers of organized camps or nonprofit or religious educational conference establishments open for a few months each year
• Independent contractors
• Recreational businesses or seasonal amusement employees like those who work in county fairs and ski resorts
• Small farm employees
• Criminal investigators
• Seamen
• Apprentices
• Computer specialists
• Outside salespersons
• Employees who are occupied in fishing operations
• Some switchboard operators

Nonexempt Employees

Nonexempt employees are those who are entitled for overtime pay. They are determined or classified by looking at their rate of pay, occupation or industry, and job duties.

Employers may not classify their employees as nonexempt so that they can avoid providing them overtime pay. To avoid this problem, federal standards were set in determining whether an employee is indeed eligible.

A nonexempt employee who is also referred to as an hourly worker may be entitled to receive overtime compensation under these situations:

• The employee takes his or her work at home with the permission and knowledge of the employer
• When the employee is at home, he or she is asked to be “on call” and be prepared to report back to work in an hour
• The employer arrived to work earlier than the required time and do light work as requested by his or her employer

Help of an Employment Attorney

A nonexempt employee who was not given overtime pay can ask the help of an employment attorney so that he or she can be properly compensated. He or she clearly understands the importance of wages so you can be assured that you case will be handled professionally.

This expert’s knowledge about overtime wage laws skills in handling related cases to hand you a favorable result.