Many people confuse or do not fully understand how overtime pay works, often making who is and who is not eligible to receive overtime pay the biggest confusion of them all. And, since overtime laws are set by the U.S. Department of Labor, requiring that employees meet a certain set of requirements to qualify, it is critical that employees understand where their employment status falls under these requirements.
Overtime Pay Requirements
In order to receive overtime pay, the following requirements must be met:
1. You must either earn less than $455 per week ($23,660 per year) in order to automatically be eligible to receive overtime pay.
2. If you earn more than the above requirements, are paid a salary, and fall into one of the following categories, you will be considered exempt and not be eligible for overtime pay:
- Creative: If your profession’s duties involve things such as invention or imagination, or involve the use of your talent with creative and artistic abilities, then you are exempt from overtime pay.
- Learned: If your profession involves the requirement of certain knowledge and expertise in a field of science or learning, which is typically acquired through specialized instruction or education, and not from the employer itself, then you are considered exempt from overtime pay.
- Executive: If your profession involves office and non-manual labor, is related to management of the employer’s operations, and requires you to make decisions, judgments, or the use of discretion, then you are exempt from overtime pay.
- Outside Sales: If your profession involves the primary duty of making sales away from the employer’s operational facility, you are exempt from receiving overtime pay.
What To Do If You Need Help
Overtime and state wage laws are in place in order to protect you. If you have any questions or feel that you are a victim of wage or overtime theft, then contact an employment attorney immediately that specializes in wage and overtime law.
If you need help or have questions in regards to violations of your employment rights, including wage or overtime theft, contact Maduff & Maduff Law today.