Do I qualify for overtime pay under the Fair Labor Standards Act?
A good place to get a definitive answer as to whether your particular situation qualifies for you for overtime pay is from a Baltimore, MD overtime attorney.
The Fair Labor Standards Act (FLSA) was established in 1938 as a way to protect the American laborer. Historically, the main purpose of this act is to ensure that employees receive minimum wage, earn overtime when appropriate, employers keep proper documentation of employee wages, and prohibits child labor. In order to be covered by the FLSA, there are certain criteria that your job description and income must meet. Determining whether or not you are eligible can be quite complicated. In the event that you feel your employer is in violation of the FLSA or if you are an employer and want to make sure you are in compliance with the laws, it is recommended that you seek the advice of an attorney in your area. Some common questions regarding overtime pay, under the FLSA, are explored below but you should discuss your situation with a Baltimore, MD overtime attorney if you want legal advice.
Am I considered nonexempt? There are two categories of employees under the FLSA: exempt and nonexempt. Only nonexempt employees are typically covered under the FLSA and eligible for overtime pay. A nonexempt employee is one who is paid hourly and earns less than $23,600 per year.
What is overtime according to the FLSA? Since 1938, the FLSA has established the work week to consist of 40 hours. Any time worked beyond that should be compensated with overtime pay which is at least one and one-half times the regular hourly wage of that particular employee. Holidays and weekends are not automatically considered overtime unless they are worked beyond the 40 hour work week.
If you think that your employer is denying you overtime pay, it may be in your best interest to get in contact with a Baltimore, MD overtime attorney.
What jobs are exempt from FLSA? If an individual makes over $100,000 in a calendar year, it is highly likely that they are exempt from FLSA coverage. A person may be considered exempt if he or she is on salary, is in a managerial position and performs management duties such as hiring and firing. There is a lot of grey area when it comes to defining an exempt employee. Therefore, many professions fall under the exempt category and those employees are not covered under the FLSA. Exemptions are determined by a series of tests that are centered on job duties and salary base.
A Baltimore, MD overtime attorney can tell you if it seems like your employer has unfairly marked you exempt from FLSA.
Am I eligible if I belong to a labor union? Typically, the FLSA may not cover an employee who is already protected under a union’s labor laws. Of course, there are exceptions to every rule.
It is important to understand that the FLSA has been in place for 80 years. The purpose of the laws and regulations outlined within the FLSA, are intended to ensure appropriate standards on the part of the employer and reasonable compensation for employees. However, this is no simple task since there are multiple variations in employment status and responsibilities within the job. In addition, the FLSA criteria is subject to updating and revisions as deemed necessary. It is imperative that you understand the FLSA with the guidance of an FLSA attorney. Whether you are an employee who feels you are not receiving the overtime you deserve, or you are an employer who wants to ensure you are complying with local and federal labor laws, contact an FLSA attorney today.
For a highly rated Baltimore, MD overtime attorney who can help you with FLSA matters, contact Cohen & Cohen any time of the day or night, any day of the year, for a free case evaluation.