Overtime FAQs

Q. What is the Fair Labor and Standards Act?

A. The Fair Labor and Standards Act is a federal law that states employers must pay time-and-a-half for overtime hours.

Q. If I’m a salaried employee can I still receive overtime pay?

A. Yes. Overtime pay is determined by whether you meet one of the five overtime exemptions. If you do not meet these, you may be eligible for overtime pay.

Q. My employer makes me clock out, but I still continue to work. Is this legal?

A. No. If you are working, you should be getting paid. An employer cannot avoid paying overtime by asking a worker to clock out.

Q. Can my employer avoid paying overtime by reducing the amount of hours I work the following week?

A. No. Your overtime must be calculated per week. Your employer may not average two work weeks together.

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

A. No. If you file an overtime lawsuit, your employer cannot retaliate against you for doing so. This means your employer cannot fire or discriminate against you, reduce your job duties, refuse you a regular raise, withhold your wages or blacklist you because you filed an overtime lawsuit.

Q. I have to attend training sessions for my employer. Should I be getting compensated?

A. Yes. If you had to attending safety or training session, these hours should be counted towards your 40 hour week.

Q. Can I receive comp time instead of overtime pay?

A. Only if you are a government employee. All other employees should receive overtime pay.

Q. What if my employer did not realize I was working overtime?

A. Your employer is required to keep detailed records of the hours you work. Your employer may be responsible for failing to pay you overtime if he or she had an opportunity or duty to ask why you remained working after your shift ended.

Q. How can I protect my rights under the Fair Labor and Standards Act?

A. You can contact an overtime lawyer who can help you seek compensation for your overtime. In addition, you can contact the U.S. Department of Labor and file a complaint.

Q. Should my bonuses and commission be included when calculating my overtime pay rate?

A. Yes. Bonuses, commission and other incentive pay should be included.

Q. Should I get time-and-a-half for working holidays and weekends?

A. No. There is no federal law that requires extra pay for working weekends or holidays.

Q. I’m classified as a salaried manager, yet I have no control over other employees. Should I be concerned?

A. Misclassification is a common overtime scam. Some employers try to classify workers at salaried managers or supervisors to avoid paying them overtime. If you are not receiving overtime and you feel your job duties do not meet that of a manager or supervisor, speak with an overtime attorney.