Are You Exempt From Overtime Wages?

One of the most common mistakes that businesses make in exempting non-exempted employees from overtime pay. While you may be getting a salary, there might not be any payment for the excess hours you rendered. The website of Williams Kherkher reveals that this one of the tactics that businesses use to protect themselves from being penalized for violating the Fair Labor Standards Act. You might be eligible to receive overtime wages.

Unless you met the requirements set forth by the FLSA, you are entitled to receive overtime pay. The FLSA lays down three conditions to be considered an exempt employee and here they are:

  • You have a minimum salary of $455 weekly or $23,660 yearly. This could be higher depending on the state.
  • Your primary duty is managing an enterprise
  • Your regular work is to direct the work of two or more employees
  • You are authorized to hire or fire workers

Exempt workers include those that perform white collar jobs in administrative, executive, and professional field such as computer professionals and outside sales people. The retail and service sectors may also be exempt employees. A exempt employee is not required to track their working hours or be paid overtime, regardless of the number of hours they rendered.

The appealing nature of classifying employees as exempt is one of the reasons employers use this to avoid paying overtime pay. However, such practice carries with it the burden of proving that you have correctly classified an employee as exempt. However, going to court can be costly for both employer and employee so any wage disputes is best settled by concerned parties. Employees need not worry about retaliation as it is also illegal for employers to fire an employee for fighting for their rights. That would be another violation. So you have the right to claim for overtime pay if you believe that you are qualified.