Under the federal Fair Labor Standards Human activity (FLSA), employees who piece of work over twoscore hours in a workweek must exist paid one and one half times their regular rate of pay. Employees must be paid this extra charge per unit for any hours worked over 40 hours. To qualify for overtime pay, an employee must be covered under the law; the police force must apply to them. If the FLSA applies to an employee, that employee is a "not-exempt" (not exempt from the FLSA) employee.

The FLSA does non utilise to all employees. Under the law, certain categories of workers are generally excluded, or exempted, from the law'south overtime requirements. These workers are referred to as "exempt" employees.

What are Exempt Employees?

Exempt employees are "white neckband" employees. By and large, they perform part or non-manual work. In dissimilarity, "blue-collar" employees include manual laborers. These employees too include those people performing repetitive piece of work using their hands. These employees perform tasks requiring energy and physical skill.

Nether the FLSA, in that location are four main types of exempt employees. These include:

  • Professional employees paid on a salary or fee basis;
  • Executive employees paid on a salary footing;
  • Authoritative employees paid on a salary or fee basis; and
  • Exterior sales employees.

What are Professional Employees?

Professional person employees are paid on a salary or fee footing. Their job performance requires that they have advanced knowledge in a special field of learning, obtained through specialized written report.

Employees whose work is original, or that is artistic and a product of their talent, imagination, and invention, are professional employees. Professional employees apply discretion and independent judgment to perform mostly intellectual work.

What are Executive Employees?

Executive employees are paid on a salary basis. Their master work duties consist of managing a business organization, or a part of a business concern. These employees usually straight the piece of work of others, and take some influence or authorization with respect to hiring and termination decisions.

What are Authoritative Employees?

Administrative employees may be paid on a bacon or fee basis. Their piece of work relates to the employer'due south business operations and policies, or to the employer'due south client'due south business concern operations and policies.

Administrative employees practice discretion and judgment with respect to matters of importance. These employees assistance with the running or servicing of the business organisation, as distinguished from, for example, working on an associates line, or selling products in retail stores.

What are Outside Sales Employees?

Outside sales employees perform specific sales duties. For an employee to qualify as an exterior sales employee, that employee's principal duty must consist of:

  • The making of sales; or
  • The obtaining of contracts for services or orders or for the use of facilities for which a client or client pays a consideration (typically, money).

In addition, to be an outside sales employee, the employee must be regularly and customarily performing work abroad from the worksite

When are Exempt Employees Entitled to Overtime Pay?

Generally, employers can require exempt employees to put in as much work as is necessary to their task. Still, exempt employees must encounter a bacon threshold to retain their exempt status. They must be paid the equivalent of $684 per week, or $35,568 per year, or more.

If an employer does not pay an exempt employee at least this amount, the employer must either heighten the salary of the employee, or reclassify the employee as not-exempt. If an employee is reclassified as non-exempt, that employee is entitled to overtime pay. This overtime pay is referred to as "mandatory overtime pay."

Tin an Employment Understanding Forbid Overtime Payment?

Generally, employers and employers are free to enter into an employment agreement of their choosing. This ways they may bargain over issues such as wages, salary, and benefits. An employer and an employee can agree that the employee is forbidden to perform more than 40 hours of work in a workweek.

However, an understanding cannot crave operation of an illegal human action. This means that an understanding cannot require an employee to forego overtime pay to which they are entitled under the FLSA.

Can I Sue if I Am Not Paid for Mandatory Overtime?

Nether the FLSA, employers must go on records of all hours worked by employees. If an employee is not paid for mandatory overtime, that employee can file a ceremonious lawsuit. During the lawsuit, the process of discovery will occur. In this process, the parties exchange case-related documents and reply questions, The court volition evaluate the documents. If the employer'southward records reveal an employee was not paid for mandatory overtime, the court tin can society the employer to pay the employee that mandatory overtime.

Do I Need the Help of a Lawyer With Mandatory Overtime Pay Issues?

If y'all have not been compensated for overtime work, or take not been paid mandatory overtime, you should contact an employment attorney. This attorney can evaluate your example and can represent y'all at hearings and in court.