Overtime and Wages

Employees are usually paid on an hourly basis for each hour worked or are paid a fixed salary regardless of the number of hours worked. The Fair Labor Standards Act (FLSA) is the law that sets the federal minimum wage and provides nonexempt employees with the right to overtime compensation. The FLSA provides that employees receiving certain types of compensation and performing certain types of job duties are exempt (not entitled to receive) from overtime compensation (exempt categories include certain professional, executive, or administrative employees, certain outside salespersons, commissioned retail salespersons, and certain truck drivers).

Under the FLSA, nonexempt employees are entitled to receive one and one-half times their regular rate of pay for all hours worked in excess of forty per workweek. Under the law, many employees who receive a salary are actually entitled to overtime compensation for hours worked in excess of forty weekly. If you believe you are owed any wages, contact us immediately. We will not charge you attorneys’ fees or costs for an overtime claim unless we collect payment from the employer.

Simply because your employer calls you an “administrator” or “outside salesperson” does not determine whether you are exempt from overtime laws. Not everyone is covered. Independent contractors – who are by definition not employees – are not entitled to overtime. Further, FLSA contains exceptions for certain types of workers, including for executive, administrative, professional, outside sales, and certain computer-related employees. Whether an individual fits within one of these exceptions requires an in-depth analysis of the duties and responsibilities of the employee.

Our lawyers can help you recover your unpaid wages. This is without any out of pocket cost to you. Please contact The Rosenberger Law Firm at 631-716-LAWS or fill out the form below.


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  • Phone: 631-716-LAWS
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