According to US overtime law, employers must pay workers the overtime rate when they work a set number of hours within a certain time period (for example, more than 40 hours per week). This is governed by the Fair Labor Standards Act, and the going rate is one and one-half times the normal rate of pay. However, certain workers are exempt from overtime requirements. These exemptions typically apply to temporary positions and those that are unconventional by nature. Read further to learn about overtime exemptions and to learn how an Employment Lawyer can help those who have had overtime pay unfairly withheld.
Overtime Pay Exemptions
Those who are exempt from overtime pay rules include:
* Employees in the service and retail industries who work on commission
* Service workers who live in the employer’s residence, such as maids
* Farm workers
* Movie theater employees
* Journalists, news engineers, editors and announcers
* Workers at auto dealerships
* Taxi drivers, airway employees and railroad workers
In most instances, the overtime exemption’s application depends on the nature of the work done by the employee, rather than the employee’s job description or title.
What Happens When There’s a Violation of Overtime Laws?
Only an exempt worker can have overtime income withheld without the presence of a legal issue. All other employees (non-exempt workers) are required to be given overtime pay when they work in excess of the required number of hours. An employer’s failure to pay a worker their requisite overtime pay may result in a wage and hour suit. These lawsuits often result in damages awards to workers, to repay them for lost income and other costs stemming from the violation.
Does a Worker Need to Hire an Attorney for Assistance With an Overtime Pay Law Violation?
Overtime laws are complex, and most cases require the assistance of a local Employment Lawyer. A worker may need to hire an employment rights attorney if they are experiencing a conflict or dispute that involves the state’s wage and hour laws. A lawyer with Britton Law Offices LLC can offer a client the legal input necessary to get through litigation, and they can provide legal counsel should the case make it to court.