Employee Rights for Overtime Hours in the Workplace
- Learn the employee rights for overtimehorloge image by GERARD DUSSOUBS from Fotolia.com
Overtime is defined as time in excess of the standard 40-hour work week for which an employee should be paid as defined by the Fair Labor Standards Act. There are rules governing how and when overtime must be paid in order to protect employees from unscrupulous or ill-informed employers, as well as exemptions to the overtime provision for certain industries or positions. You are well-served to know the laws on how and when you are eligible for overtime pay to make sure that you are being fairly compensated for your work. - To calculate the amount of overtime pay you are due, you must first determine how many hours above 40 you have worked in a given work week. The amount of overtime pay for these hours should be at least one and a half times the amount you receive for regular hourly work. For example, if you earn $10 per hour for the first 40 hours, your overtime rate starting at hour 41 is $15 per hour.
- There is a sizable list of professions exempted from the overtime rule. Some of these jobs include agricultural/farm workers, mechanics, workers in transportation, railroad or truck-transport industries, and vital public safety positions such as police officers, paramedics, EMS technicians, firefighters, and the like. If you are in a position where you are unsure of whether you are due overtime pay, you should check the federal and state government laws to see if your job description merits overtime pay or if it is exempt.
- If you believe that you have been unfairly denied overtime compensation which you are legally due, you have two options to attempt to recover this pay. One is through filing a private lawsuit in civil court against the employer who owes you the back pay. The second option is to work with government agencies at either the state or federal level, such as the wage-and-hour division of your state government or the U.S. Secretary of Labor. Typically, there is a two-year period during which you can attempt to recover the back pay.
Calculating Overtime Hours
Exemptions
Denial of Overtime Pay
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