OVERTIME PAY

 Recover Your Overtime Pay

 If you work overtime, you may be entitled to extra pay for each hour of overtime that you work.  The law requires a 50% increase in your pay rate for each hour of overtime.  

The overtime pay laws are complicated.  Some companies mislead employees about their right to overtime pay.   Give us a call and we will tell if you are entitled to overtime pay.  No charge for the call.   

--Overtime Pay Information

-HIGH TECH WORKERS

OVERTIME PAY FAQ

When is overtime pay due?

Overtime pay  is due whenever an employee works form that 40 hours in a workweek or 8 hours in a day.   The 8 hour day rule only applies in California.  The overtime pay rate provides you with a 50% increase in your normal pay rate.  

How are vacation pay, sick pay and holiday pay calculated? 

Vacation, sick, and holiday pay are not regulated by federal law.  Typically payment for sick time, vacation and holidays are up to the employer.  

Am I entitled to extra pay for weekend or night work? 

No, there is no law requring extra pay for weekend or night work.  But, your employer can agree to pay you extra for such work.   Also, the overtime pay rules apply and if this extra work causes you to work more than 40 hours in a work week, then you are entitled to overtime pay at a 50% pay increase.   

When am I entitled to a raise?

The law does not require a pay raise.   Pay raises must be agreed upon by the employer.   The best way to get a raise is to go ask for one.   But there is no legal requirment that your pay be increased overtime.  

What if my employer changes my job duties, can they do that?  

Yes, your employer can change your duties.   There is no law that restricts the scope of your work.  You need to do what your employer asks you to do.   If you do not like it, you should discuss it with your employer and if you are not satisfiesd, you are free to find another job. 

My employer has classified me as an independent contractor and refuses to pay me overtime pay.  . Am I entitled to overtime pay?

First you need to determine if you are truly an independent contractor.  A genuine indepedent contractor is someone who works for more than one company, controls their own work schedule and even uses their own equipment on the job.  An employee, on the other hand, only works for one company and their work schedule and tasks are controlled by the employer and the employer provides the work place and equipment.   Generally, if you go to work for the same company each day and work a full day each day then you are an employee and not an independent contractor.  Employees are entitled to overtime pay, but genuine independent contractors are not entitled to overtime pay.   

If I am paid a salary, am I entitled to overtime pay?  

Yes, even salaried employees are due overtime pay.  It is a common misconception that only hourly workers get overtime pay.   Do not fall for that.   Salaried employees are entitled to overtime pay.   There are exceptions to the overtime rules and these include outside commissioned sales employees, executives, certain high level administrators, professionals such as doctors and lawyers, and truck drivers.   

Do I need my time records to prove an overtime case? 

No, if your employer does not keep track of your time, then you are allowed to estimate your time and that will usually hold up.  

Do I need to get permission to work overtime? 

No, approval is not required.   If you worked overtime, you are entitled to overtime pay. 

Can my employer force me to take comp time in lieu of overtime pay? 

No, comp time cannot be substituted for overtime pay.   If you work overtime, you must be paid at your overtime rate.  

What is a workweek?  

A workweek is any period of seven consecutive days.   

For more information on overtime pay, please call us at 866-571-5010.