Our nation’s lawmakers have recently focused on political agenda items dealing with employment law. Higher wages and overtime regulations are amongst the employment issues getting the most attention. With major legal changes predicted dealing with employee rights, it is important for employees to understand whether they currently qualify for overtime. Below are three instances in which you should be getting paid overtime.
1. Your Employer is Covered by the Fair Labor Standards Act
Most employers are required by law to pay their employees overtime, but that does not mean all employers have to follow overtime rules. One way to know whether your employer should be paying employees overtime is if he is covered by the federal Fair Labor Standards Act (FLSA). The FLSA is a federal wage and hour law that sets out the overtime rules. In general, a business is covered by the FLSA if it has $500,000 or more in annual sales.
2. You Work in “Interstate Commerce”
Even if your employer is not technically covered by the FLSA, you may still be entitled to overtime pay if you work in what Congress terms “interstate commerce.” Working in interstate commerce means you conduct business between states. This is a pretty broad classification, which includes advertising in other states, making phone calls to other states, and handling goods that are coming or going to other states.
3. You are a “Non-Exempt” Employee
Specifically in California, a non-exempt employee is entitled to overtime when he or she has worked more than eight hours in any workday or more than 40 hours in any workweek. One way to find out whether an employee is exempt or not is to conduct a salary test. Exempt employees usually earn a minimum monthly salary of no less than two times the state minimum wage for full-time employment. Another way to determine whether an employee is exempt is to examine his or her duties.
Keep in mind that if any of these three apply to you, there are a lot of exemptions and exceptions from the overtime laws. Both Federal and State overtime laws do not apply to a number of specific jobs, positions, or professions.
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