The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay and record keeping standards affecting employees in the private sector and in Federal, State, and local governments. Based upon your employment status, you may be entitled to overtime pay at a rate not less than one and one-half times the regular rate of pay after 40 hours of work in a workweek.
In order to determine whether your employment status qualifies you for overtime pay, you should discuss the matter with an attorney or contact the U.S. Department of Labor.
Please note that this is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in Illinois.
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Generally, all employees must be paid for the hours they worked -- so work rendered overtime must be compensated (which is usually at the rate of 1 1/2 your regular rate of pay). However, there is a classification of employees which is called "exempt" and which by the very term itself, means that they are an exemption to the coverage of the Fair Labor Standards Act which provides overtime pay, minimum wage, etc.
Some employees considered as exempt from overtime and minimum wage pay are the following: those employed as bona fide executive, administrative, professional and outside sales employees. You can ask your Local Labor Department regarding other occupations exempted -- so if you're considered as an exempt employee, you are not entitled to compensation for hours worked beyond your schedule. Otherwise, if you're a covered, non-exempt employee, your employer cannot refuse to pay you.
All non-exempt employees MUST be paid for ALL hours worked. ALL hours worked in excess of 40 in any given work week must be compensated at not less that time and one-half. If the employer refuses to pay you may complete the following form:
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