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:
- 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.
- 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.
- 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.
