FAQs

Overtime FAQs
  1. What is the FLSA?
    The FLSA, or Fair Labor Standards Act, is a federal labor law that sets certain standards for employees across the country including minimum wage, child labor standards, record keeping requirements, and overtime pay requirements.

  2. What is overtime?
    Overtime is considered to be any work performed in excess of 40 hours in a workweek. All non-exempt employees who work more than 40 hours in one workweek are entitled to overtime pay.

  3. Am I eligible for overtime pay?
    There are certain employees who are exempt from or not eligible to receive overtime pay. Employees receiving less than $23,660 per year are automatically eligible for overtime pay.

    Those who are exempt from overtime may include:

    • Executive, administrative, professional employees
    • Outside sales employees
    • Casual babysitters
    • Employees working in fishing, newspaper, or small farming operations
    • Seasonal amusement or recreational establishment employees
    • Seamen employed on foreign vessels
    • Commissioned retail or service employees
    • Live-in domestic service workers
    • Railroad and airline employees
    • Taxi drivers

    Those who may be partially exempt from overtime pay requirements include:

    • Employees of bulk petroleum distributors
    • Employees performing some agricultural commodity duties
    • Hospital and residential care employees that have agreements establishing 14 day periods

  4. If I am a salaried employee, can I be paid overtime?
    While many employers may tell their employees that salaried workers are ineligible for overtime payment, this may not be true.

  5. If I am an independent contractor, can I be paid overtime?
    Some employers misclassify their workers as independent contractors in an attempt to avoid paying overtime. If your employer has the right to control when, where, and how you work, it is possible that you are an employee eligible for overtime pay.

  6. How is overtime pay calculated?
    Overtime pay is one and one-half times your regular hourly pay rate.

  7. When should I be paid overtime?
    Overtime should be paid to any qualifying employee working over 40 hours in a workweek. Although an employee may be paid every two workweeks, overtime must be calculated weekly.

  8. What if my employer states that my overtime was not authorized?
    If your employer knew or should have known that you were working overtime, you are entitled to overtime pay.

  9. What if I cannot prove my overtime because I did not keep track of my hours?
    Employers are responsible for keeping track of the hours you worked. Should they fail to keep track, the court can accept your testimony as to the actual hours worked.

  10. What if my employer retaliates against me for an overtime claim?
    The FLSA protects employees against retaliation by penalizing employers who knowingly harass, demote, or fire an employee because of a claim.

  11. What if my employer refuses to pay overtime?
    You should contact an experienced labor law attorney to ensure that your rights are protected.

  12. How are the lawyers paid?
    The Higgins Firm is not paid until you are. Our payment is deducted from any settlement or judgment that we are able to get for you.

  13. How long do I have to file a lawsuit for overtime pay?
    You have up to two years to file under the FLSA. Some cases provide for three years.

  14. How long can my case last?
    Many times an experienced attorney can settle the case even before it proceeds to a trial. Otherwise, a case can last months or even years.

  15. What should I do if I am owed unpaid overtime?
    If you believe that you are owed unpaid overtime wages, we encourage you to contact The Higgins Firm at 800-705-2121.