FAQs Overtime

Overtime pay (one and one-half times the regular hourly rate received) is due to an employee after 40 hours of work in a workweek. Special exceptions apply with respect to certain professions and positions, such as police officers, managers, and hospital and nursing home employees.

Usually, salaried employees are due overtime pay. There are several exceptions to this rule, including commissioned sales employees, computer programmers, executive, administrative, professional or outside sales employees, physicians, truck drivers and union employees (with certain restrictions).

An employer is held responsible for his or her employee’s actions, regardless of whether or not the employer knew what the employee was doing. Employers must keep detailed time records. An employer can be liable even without actual knowledge of the work being performed because employers are able and have a duty to inquire as to what the employee is doing after hours at work. If the employee hides his or her actions from the employer, the employer may not have to pay overtime.

No. It is unlawful for an employer to fire or retaliate against an employee if he or she sues for unpaid wages.

All private employees have the right to minimum and overtime wages even if they signed a waiver. In other words, for overtime purposes, employees who sign a waiver or a severance agreement have the same rights as if they had not signed anything at all.

Liquidated damages are unpaid back wages, possibly resulting in double the unpaid amount. Employees are generally entitled to liquidated damages and can receive them through a lawsuit against the employer.

Usually, our law firm handles overtime cases on a contingency fee basis, meaning you pay no upfront attorney’s fees and we only get paid a percentage of the money we get for you.

Each case is different and there is no way to predict how long a case will take. Some cases can be settled out of court quickly.

Usually, our law firm handles overtime cases on a contingency fee basis, meaning you pay no upfront attorney’s fees and we only get paid a percentage of the money we get for you. An employer misclassifies an employee’s job title by telling the employee that because of his or her job title, such as manager or some professional designation, he or she is not entitled to overtime pay; An employer tells an employee that he or she is paid on salary (ie: a set amount every week or twice a month) and therefore is not eligible for overtime pay; An employer claims overtime pay is not owed because the overtime was not requested or approved in advance; An employer claims an employee is not entitled to overtime pay because he or she signed a waiver or severance agreement; An employer claims an employee is not entitled to overtime pay because he or she is an independent contractor; An employer credits an employee who worked overtime with comp time or carries the hours into the following week instead of paying overtime pay; An employer pays the employee only the regular rate of pay for hours worked in excess of 40 hours in a week and gives different excuses such as the employee could or should have finished the work within 40 hours in a week; An employee worked during his or her lunch break in some capacity but was not paid for that time; An employer tells an employee that work he or she has completed is considered “off the clock” and therefore the employee is not entitled to overtime pay; An employee is not paid commissions that are owed to him or her; And an employee is paid less than minimum wage.