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Am I Exempt from Overtime Under the Fair Labor Standards Act?

To help you determine whether or not you are exempt from overtime under the Fair Labor Standards Act, discuss your particular situation with an FLSA lawyer Baltimore, MD workers can rely on in difficult times like the one you are going through.

The Fair Labor Standards Act (FLSA) was enacted by Congress in 1938 to create legal protections for American employees by outlining rules by which employers must abide. At the time, the FLSA established a minimum wage, created restrictions regarding child labor, and implemented the 40-hour work week. The FLSA has been changed over time to increase the minimum wage and expand protections for certain employees.

The modern version of the FLSA still offers the same important protection for workers in the United States. One of the most commonly relied upon provisions is that which requires employers to pay employees protected by the provisions of the FLSA a higher rate for any hours worked over 40 each week. The FLSA also establishes a minimum higher rate of pay: 1.5 times an employee’s regular hourly rate. This guarantee disincentivizes employees from encouraging employees to work excessive hours. On the other hand, it provides employees with a guaranteed pay bump for overtime hours.

If you think that your employer is in violation of the FLSA, it may be in your best interest to discuss your situation with a trustworthy Baltimore, MD FLSA lawyer.

If you do not currently receive overtime pay, you may be wondering if you are missing out on some of the protections provided by the FLSA. Detailed questions about whether your employer is properly complying with the FLSA are best suited for a qualified and experienced Baltimore, MD FLSA lawyer. However, there are a few broad questions you can ask yourself to determine whether you are entitled to overtime pay under the FLSA:

1. How much do you make? If you make less than $23,600 a year, you most likely qualify for FLSA protection. If you make over $100,000 a year, you are most likely exempt from the protection, though that can change depending on the remaining questions. Note that these are just basic rules. The “salary test” is, in practice, more complicated, and you should consult with a FLSA lawyer who is licensed to practice in Baltimore and throughout MD to find out more about whether you meet the salary requirements of the FLSA.
2. Are You a Manager? If you meet the “salary test” then you need to ask yourself if your job duties require you to supervise, manage, or otherwise take responsibility for the hiring, firing, or promotion of other employees. If you complete these “managerial tasks,” you are likely exempt from the FLSA, meaning that you do not qualify for overtime pay under its provisions. Like the “salary test,” the “manager test” gets complicated. There is no hard and fast rule about what makes someone a manager, and you may disagree with your employer about your classification.

Discussing your situation with a FLSA lawyer that Baltimore, MD workers recommend, may help you to make more informed decisions about what your rights are and what your next steps should be.

3. Are You a Professional? If you pass the salary test and are not manager, you still may be disqualified, or “exempt,” from FLSA protection if you have certain types of “professional” or “administrative” jobs as defined by the FLSA. Some commonly exempt jobs include lawyers, doctors, teachers, clergy, registered nurses, accountants, pharmacists, and engineers. Not surprisingly, there is wiggle room even within these exempt professions.

As you can see, whether you qualify for FLSA protection is a question that is difficult to answer and requires you to talk about the very specific day-to-day tasks you complete on the job. If you think you may qualify for overtime pay, but are being denied such pay by your employer, consider calling an experienced FLSA lawyer today to find out what they may be able to do for you.

For a highly rated FLSA lawyer Baltimore, MD workers can rely with over 25 years of experience successfully protecting the rights of workers, contact Cohen & Cohen for a free case evaluation with no obligations.

Common Questions Regarding Baltimore, MD Wage And Hour Rights

If you think your employer is not paying you what they are supposed to, it may be in your best interests to discuss your situation with an FLSA attorney Baltimore, MD workers can count on.

Many employees are unsure of their rights when it comes to the hours they work, the time off they are allowed, or the breaks they get. This can make it an easy environment for an employer to violate your wage and hour rights. If you are unsure of whether this is happening to you, it is best to be informed of what your rights are as an employee. Below are a few frequently asked questions regarding wage and hour rights that can help you on your journey to understanding what you are entitled to.

The information provided here is not legal advice. If you are seeking legal advice, it is important to consult a FLSA attorney who is licensed to practice in Baltimore and throughout MD.

Can My Employer Pay Me Less Than Minimum wage If I Get Paid Tips?

This will usually be determined by how much you make in tips and what your job position is. For example, the federal minimum wage—currently at $7.25 per hour—is required by every state. In some states the minimum wage is even higher. However, things can get a bit more confusing if you earn tips to supplement the minimum wage. A minimum wage for tipped employees is set at $2.13 per hour. If your tips do not bring your hourly wages up to the minimum wage, then your employer is required to supplement your wages up to that minimum number.

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If you think this is one or more of the ways that your employer is participating in unfair labor practices, it may be time for you to contact an FLSA attorney who is located in Baltimore or in Maryland near to where you live and work.

What If My Employer Pays Me the Federal Minimum Wage When My State’s Minimum Wage Is Higher?

If you work in a state where the state minimum wage is set higher than the federal minimum wage, your employer is required to follow the law that best benefits the employee. For example, if your state requires a minimum wage of $10.25 per hour but the federal minimum wage is $7.25 per hour, your employer will be in violation of your state’s law by only paying you the federal minimum wage.

Can My Employer Force Me To Clock Out For Breaks?

Because labor laws differ from state to state, it is important to get FLSA advice from an attorney who is licensed to work in Baltimore, MD or in the state or district where you are employed.

Depending on your state law, your employer might have to pay you for certain breaks throughout the day. Thus, your right to a paid break can be determined by:

• How long your break was (usually ten minutes for every four hours of work)
• The state you are working in

If you are in a state that allows you a certain amount of timed breaks every day, your employer cannot force you to work through these breaks.

Can I Receive Overtime Pay?

This can depend on a few factors. It is important to check to see if you are considered an “exempt” or “non-exempt” employee. If you are classified as exempt, you cannot receive overtime pay. However, if you are non-exempt, you are entitled to get paid overtime. Many common jobs that are not eligible for overtime pay are:

• Volunteers
• Salespeople
• Independent contractors
• Newspaper deliverers

Discussing your situation with an FLSA attorney in Baltimore may help you to determine whether or not your employer is violating MD labor laws.

Am I Entitled To Compensation For Travel Time?

This is dependent on the type of job that you hold. If, for example, you do not work out of an office and you frequently travel as part of your job, then your employer must pay for the time you spend commuting when you are conducting business.

Further Questions

If you have any further questions regarding wage and hour violations or would like to get in touch with an attorney from Cohen & Cohen contact us today.

For a highly rated FLSA attorney Baltimore, MD is fortunate to have in its midst, contact Cohen & Cohen for a confidential, free case evaluation with no obligations.