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Am I entitled to overtime pay?

If you have been asked or allowed to work more than 40 hours in a week, then you may have been entitled to overtime pay.

Under the Fair Labor Standards Act (FLSA), qualifying workers must receive overtime pay of at least one and one-half times their regular rates of pay for work they perform in excess of 40 hours within a week.

As we stated before, only employees who are covered by the FLSA are eligible for overtime pay. These workers, also known as nonexempt employees, include more than 130 million Americans, according to the U.S. Department of Labor. 

How do I know if I am a nonexempt worker?

Whether you are a nonexempt worker or an exempt worker largely depends on three factors: the type of work you do, how much you are paid and how you are paid.

Typically, exempt positions include executive, supervisory, professional or outside sales positions, which nonexempt position include most other jobs. Exempt workers usually are paid a higher amount, while nonexempt workers are usually in lower-paying positions. Additionally, exempt workers are usually salaried while nonexempt workers receive an hourly wage.

An employment law attorney can take a look at the job you perform and how you are paid to determine if your position is exempt or nonexempt. If it turns out that your position is nonexempt and your employer has not been paying you at an overtime rate for the hours you work in excess of 40 each week, then you may have a claim.

Find out more about your rights to overtime pay here, on our website.

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Kessler Matura P.C.
534 Broadhollow Road
Suite 275
Melville, NY 11747

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