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Overtime Compensation

Overtime pay is a right! Did you work more than 40 hours a week? We help managers, professionals and other employees get back pay. Learn more.

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Work Comp

Overtime Pay Guaranteed by Labor Law 

overtime payFLSA Applies to Managers,
Salary Earners and Professionals Who Work Overtime 

Federal overtime law is regulated by the Fair Labor Standards Act (FLSA) of 1937, which establishes a standard work week in the United States of 40 hours.  The FLSA mandates payment for hours worked in excess of 40 hours each week.  The law requires overtime pay to be one and one-half times the normal rate of pay.  

State laws may grant additional overtime rights to workers. Employees are entitled to receive the greatest benefits provided by the FLSA or state law.

Important points about the FLSA:

  • Most hourly workers qualify for overtime pay, regardless of job duties.
  • You cannot waive your right to receive benefits of the FLSA.
  • If you win an overtime compensation lawsuit, you are entitled to the difference between what you were paid and what you would have been paid under the overtime law, plus interest and payment of legal fees.

Employees qualify for overtime pay if they are classified as "non-exempt" based on factors outlined in the law.  Exempt employees do not qualify for overtime pay and make up an estimated 50 million out of 120 million workers, according to the U.S. Department of Labor.  Certain jobs, such as specific types of professional and administrative employment, may fall under the exempt category and those employees cannot receive overtime pay.  

Read the latest Overtime Settlement case news.

Overtime Pay - Do you qualify? 

Just a few types of employees who have received overtime pay:

  • Project managers
  • Architects
  • Paralegals
  • Accounting agents
  • Probation officers
  • Assistant managers
  • Mortgage lenders
  • Insurance adjusters
  • Electronic technicians
  • Pharmaceutical salespeople

Can salaried workers get overtime pay?

overtime payYes, salaried workers are eligible for overtime pay.  Overtime pay is based on your job duties and factors related to your salary.  Most employees are eligible to receive overtime compensation when they work more than 40 hours per week.

There are three tests to determine if your position can receive overtime compensation. These tests are based on your job duties, salary basis and your salary level.  

Independent contractors are generally exempt from overtime pay, however, the factors that determine whether you are eligible for overtime pay must be calculated for your individual situation.  Some contractors have an employment agreement defining them as 'contractors' yet the specific details of their work provide protection under the FLSA and they qualify for overtime pay.

Most employees are eligible to receive overtime pay, including office workers. There is widespread misconception about which jobs and positions are exempt, which is why it is important to find out if your position qualifies for overtime pay. 

If you have suffered injustice from an employer, you deserve the advantage of Attorney Higgins and his dedicated employment law staff. We'll put the three E’s – Experience, Expertise and Excellence – to work for you. Contact Jim Higgins, America's employment lawyer to work for you.

America's Employee Law Firm 

116 Third Avenue South, Nashville, Tennessee 37201
Phone: 615.353.0930
Toll Free: 800.705.2121
Fax: 615.353.0963