The Fair Labor Standards Act requires that employers pay an overtime premium to most employees for all hours worked in excess of 40 per workweek. This applies to all non-exempt employees, even if they are paid a salary, day-rate, piece-rate or commission. Thus, never assume that you are not entitled to overtime because you are not paid by the hour. The class of employees who are not entitled to overtime (i.e., non-exempt employees) is fairly narrow. And, employers that claim an employee is exempt has the burden to prove it.
If your employer does not pay you overtime for your hours over 40, you may be entitled to recover not only your unpaid overtime but also liquidated damages, which can be equal to the amount of unpaid overtime. Our attorneys have recovered over 24 million workers who were denied overtime pay. If you feel you have been denied overtime pay, contact us for your free consultation today!