FLSA Overtime

Millions of Americans put in more than a 40-hour work week, and many of them are rewarded in the form of overtime pay.  We tend to take overtime pay for granted, but it has not been around forever. In fact, before 1938, workers often faced harsh and inhumane conditions. Children worked in factories for upwards of 20 hours a day, many workers had little to no time off to spend with their families, and many people died on the job due to fatigue, exhaustion, and illness. In 1938, Congress passed the Fair Labor Standards Act (FLSA). That law brought about sweeping labor rights that remain in place today. Still, many workers continue to face unfair treatment at work, including violations of the overtime laws.

At Five Points Law Group, we are committed to protecting the rights of workers who are cheated out of their hard-earned income. A day’s work deserves honest and fair pay. If you have been shorted overtime pay, contact our office to schedule a free consultation with one of our experienced labor rights lawyers today.

What is Overtime Pay?

Under FLSA, federal law requires employers to pay time and a half (1.5 x regular hourly rate of pay) for any work performed in excess of 40 hours in a workweek. Of course, this can be a bit more complicated than it sounds.

A workweek does not necessarily mean Monday to Friday, and you do not necessarily have to receive overtime simply because you worked a weekend or holiday. The key is the total number of hours in a given week. Plus, the law does not restrict the total amount of time a worker can work, so long as they are 16 or older. It just requires that work in excess of the basic 40 hours be compensated properly.

Who is Covered by FLSA?

To be covered, the employer must engage in some form of “interstate commerce.” In other words, a local, mom and pop shop is typically exempt, based on this provision. Total goods or services must be at least $500,000 in annual business.  However, even smaller employers may be covered if they engage in interstate commerce. There are also a number of other entities that are covered, regardless of interstate commerce.

Regardless of interstate commerce or the business volume threshold, the following are covered:

  • Hospitals
  • Nursing Homes and Assisted Living Facilities
  • Most K-12 Schools, Universities, and Colleges
  • Employees of the Federal Government or Certain Government Contractors
  • The following workers, provided they earn at least $1,900 (subject to change annually) in a given year or work more than eight hours per week:
  • Household workers
  • Domestic employees
  • Home health nurses and aides
Who is Exempt?

Not all workers are subject to overtime pay. In fact, there are quite a lot of employees who do not receive the general protections of FLSA. Here are just a few examples:

  • Executives and skilled professionals (accountants, attorneys, doctors, teachers, etc.)
  • Seamen on foreign vessels
  • Fishermen
  • Casual babysitters
  • Farm workers
  • Newspaper deliverers
  • Automobile sales
  • Taxi drivers
  • Many others
Talk to a Birmingham Labor Rights Attorney Today

If you suspect that your employer has been cheating you out of your hard-earned overtime pay, do not just wonder if you are owed compensation; speak to a skilled and experienced labor rights attorney near you. The attorneys of Five Points Law Group have the resources to help you fight for what you have earned. Call to schedule a free consultation with one of our dedicated attorneys, and find out more about your rights to compensation today. 

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