Am I Entitled to Overtime Pay Under the FLSA?

Travis Thickstun, JD

You may be entitled to overtime pay if the Fair Labor Standards Act of 1938 (FLSA) applies to your situation. This law protects employees’ wages and sets workplace standards, including standards for overtime pay.

Overtime means hours an employee works over 40 hours per workweek. Under the FLSA, employees who work overtime may be entitled to overtime pay, and that overtime pay must be at least 1.5 times the normal rate of pay.

For example, if your employer pays you $10/hour, and you work 43 hours in a workweek, then you are entitled to 3 hours of overtime pay equal to at least $10/hour x 1.5 = $15/hour.

Overtime pay is exclusively for time you work beyond 40 hours in a given workweek. Work on the weekends or holidays does not automatically qualify for overtime pay, unless working on those days puts you past the threshold of 40 hours per workweek.

The FLSA only provides overtime protections to covered and nonexempt employees. A covered employee is someone who has worked over 40 hours in one workweek. Employees are generally nonexempt, meaning they qualify for overtime pay unless they fall under a specific exemption. Exempt employees who are not entitled to overtime include certain executive, administrative, professional, outside sales, and computer employees.

Thickstun Luo LLC may be able to help you pursue a legal claim if your employer has failed to pay you overtime in violation of the FLSA. Contact us today for a consultation.

LEGALESE is an online blog by Thickstun Luo LLC. The blog explains legal terms and concepts in plain English.

Disclaimer: The LEGALESE blog and the posts therein do not form an attorney-client relationship between you and Thickstun Luo LLC. Furthermore, this blog is not intended to render legal advice regarding your specific situation. You should consult an attorney for specific legal advice. Some content in LEGALESE blog posts pertain to state-specific legal rules and concepts that may not be applicable in every jurisdiction.