Wage And Hour Disputes: How To Get Paid For Working Overtime

There's nothing wrong with working overtime but in some cases, wage and hour disputes do arise from them. Whether at your behest or at the request of the company, you deserve to get paid for the extra hours you put in at work. Working overtime is very common especially for people who have a lot of time on their hands and for those that want to make a few extra bucks as well.

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What does working overtime mean? This means going over your designated work hours per day. If you are tasked with working a 9-to-5 job, then that means going above 5 PM. Some workers allow you to do overtime so long as you get more work done and not just to finish the tasks you had for the day.

Wage and hour disputes arise from working overtime simply because some employers try to take advantage of their employees. It's very important that you understand what you do and do not deserve when it comes to overtime pay if you want to be compensated properly at work.

The Basics Of Overtime Pay

For starters, you first need to know what employers are actually required to do when it comes to overtime pay. The most basic thing you should know is that your employees are required to pay you the current minimum wage for the hours that you worked. It shouldn't be any less than that.

Employees are also required to give nonexempt employees 1.5 times the regular hourly rate for any overtime worked throughout a 40-hour workweek. This means that you should be paid more than your basic salary if and when you do overtime work for your company.

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Do keep in mind that states have their own standards and laws when it comes to overtime pay. For example, there are now laws for overtime pay for salary employees in Tennessee but the federal law obligates employers to compensate overtime employees too. Some states offer a few more incentives for working overtime.

To get paid overtime, you need to understand whether or not you are exempted from the extra pay. As per Workplace Fairness: 

'if you are paid a total annual compensation of $134,004 or more, with at least $913 per week ($47,476 per year) paid on a salary or fee basis, you will be exempt from overtime if you customarily and regularly perform at least one of the duties of an exempt executive, administrative or professional employee.'

If you are a nonexempt employee, then you can get overtime pay for the extra hours that you work. Still, it would be best to check your contract about what the rules are regarding working overtime in your workplace. Some employers have strict rules regarding this after all.

For instance, you are allowed to do overtime if the work that you'll do over the extended hours goes above the tasks you do within the day. If you are unable to finish your work within your allotted working hours and hope to finish them over time, don't expect overtime pay usually. 

If this was allowed, a lot of employees would've taken advantage of the situation and work slower than usual. Working overtime basically means producing more than your intended output during the day. As a general rule of thumb, always ask your employer whether your overtime will be paid first.

Now, if you do work overtime and your employer doesn't pay you for the extra hours of work, you should consider taking legal action. Lawyers that specialize in labor laws help those who have been severely underpaid - this includes those who don't get paid for the extra time they put in.

It would be a good idea to talk things out with your employer first. Ask them why you weren't given your dues. If you think that the problem can't be settled simply by talking things out with them, then it's time to settle things legally instead.

As a hard-working employee, you deserve to get paid your dues properly. Don't let employers take advantage of your efforts. As long as you know what you are entitled to, then you shouldn't have any problems when it comes to getting paid for working overtime. Always remember that if you don't get what you deserve, the law will be by your side.

David Pac

Update 23 May 2021