Am I Entitled to Overtime?
One of the questions I get asked most often is, am I entitled to overtime pay?
Well the short answer is:If you’ve worked more than 40 hrs a week you’re probably entitled to overtime pay.That’s true even if you’re paid a salary and even if you are called a 1099 employee or a contract worker.Some of the most common violations I see occur when the employer misclassifies the employee as EXEMPT from overtime pay. To truly be exempt the employee has to be paid a certain salary and perform certain job duties.Just because you paid a salary doesn’t mean you don’t get overtime pay doesn’t mean you don’t get overtime pay. And just because you are called a manager or a team leader or an administrative employee, doesn’t necessarily mean you don’t get overtime pay.
Another common violations occur when the employer classifies the worker as a 1099 employee or a contract worker. Very often these folks are entitled to overtime pay as well. Finally, a very common violation occurs when the employer requires a the employee to work off the clock either before the shift begins, after it ends, or during unpaid lunch periods. So if an employer illegally denies an employee overtime pay, that employee could be entitled to TWICE the amount of unpaid overtime. Plus attorneys fees plus court costs.
I’m David Lagenfeld I’m a board certified labor and employment law specialist. If you have questions about your employment situation, call me for a FREE confidential consultation.