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Overtime Pay Related Questions

Do you need to know if an exempted employee eligible for overtime pay? Or, what action employees can take if employers do not pay overtime? Apart from exempt employees, others who are covered under the Fair Labor Standards Act (FLSA) are entitled to receive overtime pay for working any additional hours over the designated 40 hours in a work week. The rate should not be less than time and one-half their regular rates of pay. This is the basic outline about overtime pay; however, Experts online can answer your specific questions and problems.

Read below where Experts have answered a few questions related to overtime pay.

In Minnesota under the Motor Carrier Exemption law, is a truck driver allowed to drive over 40 hours a week without being paid overtime?

As per the provisions of the FLSA law, drivers, driver's helpers, loaders and mechanics are exempt from overtime pay provisions if employed by a motor carrier. Additionally, overtime pay is also exempt when the employee's duties affect the safety of vehicular operation in transportation of passengers or property in interstate or foreign commerce or business. If the vehicle being driven is over 10,000 pounds, the driver is exempt from overtime under the motor carrier exemption. The driver needs to be informed of the exemption and despite this if he wishes to be paid by the hour, he will be exempt by law for overtime pay.

Is an exempted employee eligible to get overtime pay?

Case Details: The employee was paid hourly but changed to regular pay as he/she was a single parent.

A person categorized as an exempt employee is not entitled to overtime which means that the salaried employee can be asked to work as many hours by the employer to complete the work without any additional compensation such as overtime pay. On the other hand, a non-exempt employee would be entitled for overtime. If he/she is performing the same job that they were doing while being paid hourly, the correct thing would be to consider them as a non-exempt hourly worker. If this is not being done, it could be illegal for the employer not pay overtime or substitute time off instead of overtime. However, there are other jobs apart than supervisory roles which could make the employee exempt. The manner in which one can find out is by filing a wage complaint with the state Department of Labor (DOL), to allow them to investigate all facts of the case. If the employee were to file an overtime wage complaint, the employer cannot legally take any extreme or adverse action against the employee.

What action can an employee take if the employer does not pay overtime?

An employee has the right to file a complaint with the U.S. Department of Labor as stated in the previous question. If the claim is valid, and the employer is guilty of these illegal actions, an employee can seek three times the amount due for non-payment of overtime pay. Apart from this attorney fees is payable too. If the employer chooses to retaliate against the complaint made, a separate suit can be filed against the employer for the retaliation as doing this too is considered illegal under FSLA.

Can an employee waive their right to overtime pay?

An employee cannot waive their right to overtime pay under FLSA. An employee can demand payment for overtime but not personal time hours because an employer is not liable to pay for personal time or the hours one is not working. However, an employer can choose not to pay overtime as it is their choice and one cannot stop the employer from sending the employee home after completion of 40 hours. However, if an employee does work overtime, as per the law one must be paid overtime pay.

At what rate is overtime payable to an employee working 40 hours a week?

Under the FLSA there are hourly, non-exempt employees and salary, exempt employees. An hourly paid employee is entitled to overtime at the rate of 1.5 times of the base hourly wage for hours worked over 40 in a regular work week. A salary, exempt employee, is not entitled to any overtime irrespective of the hours they work, unless it is mentioned in a written employment contract to the contrary.

How to categorize overtime pay if an employee works primarily as a journeyman electrician and as a computer technician?

Case Details: The rate payable for computer technicians is higher than electricians.

In this case, the safest method to achieve this is the blended model. Overtime rate can be given basically on the overtime hours. In case the employee works for a lower rate during the overtime hours, the lower rate is payable. Therefore, the employer needs to ascertain the total amount of pay week between the two differing pay rates. Next, the total should be divided by the total number of hours which develops the blended hourly rate where the difference is payable to the employee. Care should be taken to avoid a tailored schedule where only lower rate gets paid usually, at the end of the week as this could lead to a disgruntled employee.

As seen above, overtime pay is a right for certain type of employees who work over 40 hours per week. However, not knowing about the benefits at the time of need or assuming one is not eligible can be detrimental to the employee. As an employer too, one needs to understand the rules and regulations regarding overtime pay. This is when verified Experts online can intervene to share their knowledge and expertise. They help provide customized answers to your specific questions and problems. This is possible quickly and economically, from the comfort of your home.  

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