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What is Overtime Pay and When are you Entitled to Receive it?

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What is Overtime Pay?

The average person spends a third of their life at work. Imagine dedicating more than 90,000 hours to your job or career and not getting paid what you deserve. In 1938 the federal government seemed to agree and introduced the Fair Labor Standards Act (FLSA), which, among other important things, mandated overtime. Since then, the standards and laws around overtime have evolved and changed but the underlying reason for its existence remains: You should be fairly rewarded for your work. Miami employment attorneys in South Florida often find themselves with hundreds of cases concerning overtime pay.

How Does Overtime Pay Work?

Overtime pay is based on the total amount of hours someone has worked within a 7-day week. Meaning, anyone who worked more than 40 hours in one workweek is eligible for overtime pay. Overtime pay must be at the very minimum of 1.5 times more than the employees’ regular rate of pay. There is no limit to how many overtime hours an employee can work (As long as their 16 and older), all that matters is that the employee worked more than 40 hours within a fixed 7-day workweek. Many Miami employment attorneys will often tell their clients that the fixed 7-day work week does not have to follow the calendar week and could begin on any day. So, if you begin your work week on Tuesday, you would be eligible for overtime pay if you worked more than 40 hours within the span of 7 days.  Overtime pay does not require employers to pay more if they ask their employees to work on the weekend or on holidays. Rather, overtime pay is only necessary when said worker has surpassed 40 hours of work within one fixed workweek. So, if asking the employee to work on a Sunday would put them over 40 hours worked then they would have to be paid overtime. If an employer says otherwise then you might want to seek an experienced Miami Employment attorney.

Are There Exemptions to Overtime?

There are several rules surrounding overtime that exempt the employee from overtime. Before we discuss them it’s important to dismiss a common misconception: being paid a salary does not exempt a worker from overtime. Rather, workers must not only be paid a certain amount of salary to be exempt, but they must also work in a specific exempted category. Some of the most common exceptions are commission sales, executive, administration, professional, and outside sales employees. These are just a few of many exemptions, a more comprehensive list of exemptions can be found here. If you’re still unsure of whether you are exempted, your best choice would be to contact a Miami employment attorney who could help you. Here At PereGonza The Attorneys, we offer free consultations to Clients who feel they may be a victim of unpaid wages. We can set up an appointment to have you sit with one of our Miami employment attorneys and discuss your specific situations and the options you may have available.

Are You Being Paid Fairly?

If you are a non-exempt worker then keep in mind that you have the right to overtime pay and it cannot be waived. Even if you and your employer agree to ignore the overtime rules under the FLSA, overtime payment is still mandated by law.  Failure to compensate workers for overtime is against federal law and any attempt by your employer to deprive you of that overtime pay may be illegal as well. If you believe that you aren’t being paid fairly then you should speak with a Miami employment attorney as soon as possible. You can speak to one of our Miami employment attorneys free, just fill out your info below and we can schedule a consultation.

In Need of A Miami Employment Attorney?

Here at PereGonza, our experienced employment attorneys are always willing to put in the work required to make sure you receive the pay you deserve. If you believe you aren’t receiving the overtime pay you deserve — don’t hesitate to contact us by filling out the information block below.


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