When to File an Overtime Claim

As an employee, you’re entitled to fair compensation for your work. Millions of Americans are covered under the Fair Labor Standards Act, or FLSA, which helps ensure that employees are fairly paid. 

If you’re covered under the FLSA and your employer has failed to properly compensate you for overtime work, it may be time to file an overtime claim. Keep reading to learn more about your overtime rights under the FLSA and whether you may need to file a claim. 

What is The FLSA?

The Fair Labor Standards Act, or FLSA, is a federal law that institutes fair employment standards. As well as standardizing minimum wage, recordkeeping, and child labor regulations, the FLSA establishes overtime pay. 

Overtime Pay Under The FLSA 

Employees covered by the FLSA are required to receive overtime pay for hours worked that exceed 40 hours in a workweek. Overtime pay must be paid at a rate of no less than time and one-half of the employee’s regular rate. 

It’s important for employees to note that hours worked before and after a shift need to be added to their weekly hours. This time may be spent preparing the workplace, undergoing roll call, etc. Additionally, under the FLSA, employers can’t subtract breaks totaling less than 20 minutes from employees’ weekly hours, nor can they subtract lunch breaks if the employee didn’t take one. 

Overtime Pay Exemptions

Certain employees are exempt from overtime laws under the FLSA. To be exempt, an employee must meet three criteria:

  1. Meet a minimum salary threshold. 
  2. Be paid a fixed, predetermined salary that isn’t liable to reduction for changes in the work quality or quantity. 
  3. Meet specific duties tests for each exemption (executive exemption, administrative exemption, professional exemption, computer-related occupation exemption, highly compensated employee exemption, outside sales exemption, and combination exemptions).

Additionally, the FLSA includes industry exemptions, the most common of which include agricultural operations, motor carrier employees, and commissioned sales employees.  

At Weldon & Rothman, we provide aggressive representation for employees who have been cheated on overtime pay. To learn more about filing an overtime claim, schedule a consultation with us today.