Should I be paid overtime?

Determining whether an employee should be paid overtime is often a complicated legal question. The Fair Labor Standards Act of 1938 is the federal law that governs overtime classification.  This statute was passed during an era when many 21st century jobs did not exist, and employers often find the statute and its regulations difficult to apply to today's workforce.

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Under the FLSA, all employees must be paid overtime unless they follow in to the following "exemptions:"

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Executive:  Employees who customarily  and regularly direct at least two employees and whose opinions regarding hiring and termination are given particular weight may be exempt from overtime payments.

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Administrative:  Employees whose primary duty is non-manual work related to the management or general business operations and who exercise discretion and independent judgment may be exempt from overtime payments.

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Professional:  Employees who practice a "learned profession," such as doctors, attorneys and accountants may be exempt from overtime payments.

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Outside Sales: Employees whose primary duty is making sales or obtaining orders and who regularly works away from the employer's place of business may be exempt from overtime payments. 

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Computer Employees: Employees whose primary duty is design, documentation or analysis of software, hardware or other machine systems may be exempt from overtime payments.  These employees must be paid at least $27.63/hour.

 

This general overview of the FLSA exemptions is not a substitute for a legal analysis of an employee's right to overtime pay.  Please contact our office if we can be of assistance.