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Questions about Overtime Pay Laws

Overtime pay related legal questions arise regularly, especially in today’s economy. Employees want to be paid for the hours they work and sometimes feel shorted by their employers. Employment Lawyers on JustAnswer answer many legal questions about overtime pay and overtime pay rates. Take a look at five of the top questions about overtime pay laws, answered on JustAnswer.

Can an employee forfeit overtime pay in order to work more hours?

Employees cannot usually forfeit their overtime in order to accumulate extra hours. Overtime pay is strictly enforced by state and federal governments. The law ensures that the employer pays the minimum lawful rate under the appropriate circumstances. Employers and their employees cannot agree to change overtime hours due to the strict liability on the employer imposed by the law.

What can an employee do if an employer refuses to pay overtime for hours already worked?

The first step that should be taken is to file a complaint with the Labor/Wage Department for all of the hours that you have worked but have not been paid for. If you work for over 40 hours, you should be paid time and a half for anything over the first 40 hours. The Wage and Hour Department should take your complaint over the phone but you will have to supply your time card and time schedule to help support your claim.

Is overtime pay required?

The law provides that any hourly or non-exempt employ who has worked over 40 hours in a week must be paid one and a half times their hourly base wage. This is covered in the Fair Labor Standard Act. If you need to talk to an experienced professional who has the answers to your legal questions, you can take your questions to Employment Lawyers on JustAnswer.

Is a project supervisor who is paid salary entitled to overtime pay?

Usually, anyone who carries any type of supervisory control or exercises discretionary judgment over other employees, including making decisions for their employer would be classified as an exempt employee and not entitled to overtime. People who don’t oversee other employees and do not make executive decisions are usually entitled to overtime for any hours worked over 40 hours per week.

What is the law concerning overtime pay and truck drivers?

Due to a provision under the Motor Carrier Act, FLSA provides an exemption from overtime pay for employees for whom the federal transportation secretary has authority. The exemption applies to any driver, driver’s helper, loader or mechanic employed by a carrier and whose duties affect the safety of motor vehicles on public highways. This also applies to any private carrier or contractor who hauls property or passengers.

Overtime pay can mean the difference between paying the bills and barely getting by for many people. Your paycheck shouldn’t be compromised from the lack of attention from your employer. If you think that you have been wronged by your employer or company and you are unsure what to do, take your questions to Employment Lawyers on JustAnswer. The Experts can answer any of your questions related to overtime pay laws and can offer solutions to your individual situation.

Ask an Employment Lawyer

Tina
Tina, Lawyer
Category: General
Satisfied Customers: 8091
Experience:  JD, BBA, recognized by ABA for excellence.
4460311
Type Your Employment Law Question Here...
characters left:
5 Employment Lawyers are Online Now

How JustAnswer Works:

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    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Employment Lawyers are online & ready to help you now

Tina
Lawyer
Satisfied Customers: 7759
JD, BBA, recognized by ABA for excellence.
Marsha411JD
Lawyer
Satisfied Customers: 10539
Licensed Attorney with 27 yrs. exp in Employment Law
Infolawyer
Lawyer
Satisfied Customers: 9785
Licensed attorney helping employers and employees.

Recent Overtime Questions

  • Hi. I am a small business owner in Texas. I have 5 employees.

    Hi. I am a small business owner in Texas. I have 5 employees. Each employee has an employment contract/non-compete agreement that they sign which says my company does not pay overtime. I have an employee that is an administrative manager. My business is a photography studio and her title is Studio Manger. She has supervisory and management responsibilities over 3 other employees. She is paid hourly at a rate of $18/hr.
    She has hinted to me that, according to the law she is entitled to overtime pay for weeks in which she has worked over 40 hours and she has said that she can go back as far as 2 years if she wants to press the issue with me. This makes me nervous so I want to find out for sure if Texas law entitles her to overtime pay (time + 1/2) for hours over 40 in any given past week.
    Does the non-compete agreement that says no overtime will be paid have any bearing on the law?
    Is she eligible for overtime?
    Thanks
    MArk M
  • Hi, I was hit by a drunk driver while running an errand for my boss after hours. My portio

    Hi, I was hit by a drunk driver while running an errand for my boss after hours. My portion of my medical bills are far more than I can currently pay, even if I paid monthly installments. I'm making a claim against my uninsured insurance, as the driver at-fault had no insurance. I'm considering asking my boss for a raise. I work so much overtime, that I'm currently not being compensated, as I'm a salary employee. My work load at this point is overwhelming and I work seven days a week. My employer is upset that I must keep taking time for doctor appointments, but I was seriously injured, which he seems to not want to accept. Could I get fired for asking for a raise to help with my medical bills? I'm a at-will employee. It's a small business with less than 10 people employed. I'm a key employee.
  • Is it lawful to schedule an exempt employee more than 2600

    Is it lawful to schedule an exempt employee more than 2600 hours in a year without additional pay. Often times the work is performed in 12 hour shifts with as many as 10 days without a day off. it is under the guise of a supervisor covering for staff.
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