Overtime Questions

Questions about Unpaid Overtime

Q. How do I know whether I am eligible for overtime pay?

A. Determining who is exempt and non-exempt from overtime pay can be difficult. You should have your job tasks evaluated by an overtime attorney to determine whether you are eligible for overtime. If you are a non-exempt employee, you may be able to recover back pay through an overtime lawsuit.

Q. How do I calculate overtime pay?

A. To find out your overtime pay rate, simple multiply your regular hourly rate by 1.5. If you are paid $12 per hour, your overtime pay rate will be $18. For every hour worked over 40 in a single workweek, you should be paid at this rate. So, if you worked 50 hours in one workweek making $12 per hour, your total overtime pay should equal $180.

Q. What can I do if I’ve been denied overtime pay?

A. You can file an unpaid overtime claim with an overtime attorney. He or she will evaluate your job duties and determine whether you are eligible to collect unpaid overtime through a lawsuit. For a free case evaluation by an overtime attorney, simply fill out our no obligation consultation form on the right.

Q. Can my employer fire me for filing an overtime lawsuit?

A. No. The FLSA states that employer retaliation against workers who file overtime lawsuits is strictly illegal. This means that workers who file overtime claims cannot be fired, demoted, or otherwise discriminated against simply because they filed an overtime lawsuit.

Q. What can I get out of filing an overtime lawsuit?

A. A successful overtime lawsuit can award an employee up to two times the amount of unpaid overtime, as well as attorney fees. To speak with an overtime attorney about pursuing an overtime lawsuit, simply fill out our free case evaluation form.

Q. Can my employer deny me overtime pay because I’m a salaried employee?

A. It depends on your job duties. According to the Fair Labor Standards Act, salaried workers are only exempt from overtime pay if they perform certain job duties. If the salaried employee does not meet these exemptions, they should be paid overtime.

Q. Do employers have to pay overtime for unrecorded hours?

A. Yes. Requiring a worker to clock out before finishing a job task does not reduce the employer’s obligation to pay overtime. If the employer knew, or had reason to know, that the employee was working, they should be compensated for this time.

Q. Is it legal for my employer to give me “comp time” instead of overtime pay?

A. Only government employees can receive comp time instead of overtime pay. If you are a non-government employee, your employer may be violating the FLSA. To find out how you can collect this unpaid overtime, fill out our free case evaluation form.

Q. Can my employer deny me overtime pay because I did not get authorization to work overtime?

A. If the employer knew or should have known you were working overtime, you must be paid for this time.

Q. Should I receive extra pay for weekend, night or holiday work?

A. Paying extra for night, weekend and holiday shifts is solely at the discretion of the employer. The FLSA does not require extra compensation for these shifts. However, if overtime is worked during these shifts, the employee should receive overtime pay, as long as they are not exempt.