Understanding Overtime Laws

The Fair Labor Standards Act (FLSA) stipulates that most employees can work a maximum of 40 hours per week without receiving overtime wages. After 40 hours, the employer is required to pay time and a half for their workers. If an employer fails to meet these standards, they may be liable for lost wages.

If you or someone you know has been overworked and not compensated for your time and labor, contact the overtime lawyers of Tycko & Zavareei, LLP. Our team of professionals can help you determine your legal options and regain the wages you deserve. Call us today at 202-973-0900 to schedule a free initial consultation.

Wage versus Salary

Regardless of whether an employee is paid by hourly wages earned or by a yearly salary, an employer must compensate for overtime hours worked. If paid hourly, every hour over 40 earns the worker their hourly wage (at least the minimum wage of $7.25) plus half. For example, if a worker gets paid $10 an hour, they must be paid $15 for every overtime hour worked.

If a worker is paid on salary, their income must reflect the overtime hours they documented. For example, if an employee is paid $405 to work a 45 hour workweek. In this instance, the regular rate is obtained by dividing the $405 straight-time salary by 45 hours, resulting in a regular rate of $9.00. The employee is then due additional overtime computed by multiplying the 5 overtime hours by one-half the regular rate of pay ($4.50 x 5 = $22.50). The employee must be paid a total of $427.50.

While overtime applies in most workplaces, there are some exceptions mandated by the FLSA.

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Regardless of whether or not an employer states that overtime will not be compensated for, workers are still entitled overtime wages if they worked more than a 40 hour workweek. If you have been deprived of compensation, contact the overtime lawyers of Tycko & Zavareei, LLP by calling 202-973-0900 today.