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FLSA Overtime Requirements

by Whitfield Bryson | Employment Law|Wage & Hour | Share

Under the Fair Labor Standards Act (FLSA), workers must be paid at least minimum wage. Additionally, workers must be paid time and a half of their regular rate for all hours worked in excess of 40 in one workweek. This federal rule generally governs employee overtime pay; however, certain employees are “exempt” from its requirements due to their employment classification, which is determined via an analysis of their salary and job duties, among other factors.

The number of wage and hour claims has increased dramatically in recent years, and unpaid overtime ranks among the most common legal issues.

New Salary Requirements

Starting January 1, 2020, an employee must earn a salary of at least $684 per week to qualify as exempt, an increase from $455 per week. Of course, meeting the required salary level is only one prong of the FLSA exemption analysis. The new rule does not impact the criteria outlining an employee’s duties; employers must also meet these in order to exempt employees from FLSA overtime requirements.

Employee Misclassification

There are two classifications of employees under the FLSA – exempt and non-exempt. Exempt employees are generally those with supervisory duties who are paid a weekly salary regardless of how many hours they work. However, non-exempt employees are paid an hourly wage and must be paid overtime when earned.

Employers sometimes misclassify employees as “exempt” because they mistakenly believe all salaried employees are “exempt.” Employers also misclassify employees with the title of “manager” or “supervisor” as exempt from overtime pay requirements regardless of their job duties. Another very common misclassification scenario occurs when employers misclassify their own employees as “independent contractors” to avoid paying overtime pay.

Once one worker with a particular job title is found to have been misclassified and denied overtime, it’s likely the employer also paid other employees in a similar manner. Therefore, if you have not been paid the wages you are rightfully owed, your co-workers may be in the same situation and also need help.

FLSA Overtime Lawyers

Our successful track record of employment law representation includes cases involving unpaid overtime, violations of minimum wage laws, unpaid salary and commissions, and more. If you or someone you know is owed back wages, an FLSA attorney at Whitfield Bryson LLP can help. We can answer your questions about classification, overtime, wage theft, and other related issues, so contact us today.


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