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.