Non-Exempt Employees Can Recover Unpaid Overtime
Last Updated on January 25, 2022
At A Glance
- This Alert Affects:
- Employees who work more than 40 hours in one workweek who earn less than $23,600 annually or are exempt from overtime pay requirements listed below may be able to participate in overtime litigation.
- Employees can suffer loss of time-and-a-half wages for hours worked over 40 in a single workweek.
- Additional Details:
- Overtime pay aims to compensate workers with time-and-a-half pay for hours worked over 40 in a single workweek.
- Workers can recover overtime pay up to the two years prior to filing the lawsuit. If the worker's employer knowingly violated overtime laws, the employee may recover up to three years of unpaid overtime.
If you are working more than 40 hours per week without time-and-a-half pay and have been unlawfully denied overtime compensation, fill out our the form on this page.
Workers who have been unfairly deprived of overtime pay by their employers may be able to participate in an overtime lawsuit.
Employee rights, such as minimum wage, overtime, and child labor standards are laid out in the Fair Labor Standards Act (FLSA) of 1938. FLSA was revised in 2004, extending the right to overtime wages to more employees.
Old FLSA law provided overtime wages ("time and a half") to employees who worked more than 40 hours a week (provided that they met certain requirements). The law was revised to more clearly declare which employees are eligible to receive overtime pay. FLSA now protects employees who make less than $455 per week, or less than $23,660 per year. This greatly expands the number of people covered, as the limits were much lower in the old law.
If you have been unlawfully denied overtime compensation, you have the right to participate in overtime litigation against your employer. If you suspect you have been wrongfully denied overtime pay, fill out the form on this page. Our overtime lawyers will examine the details of your case to determine if you are owed unpaid overtime.
The new FLSA law also explains which employees are exempt from overtime pay, and consequently are unable to file a wage and hour claim.
Employees exempt from overtime pay, provided that they meet all requirements and earn more than the minimum salary explained above, under the new FLSA law include those whose jobs are defined as:
- Outside sales
- Some computer-related professionals
One the other hand, the new FLSA law also guarantees overtime rights to employees in:
- Public service
- Law enforcement
- First responder employment capacities
- Blue collar workers involved in manual or physical labor
If you are one of these types of employees and are working more than 40 hours per week without time-and-a-half pay, fill out the form on this page to find out if you can recover back pay for your employer's violations.
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