What is Overtime Pay, and How Do I Calculate it?
September 22, 2019
Hour and Wage Violations in Pennsylvania
Has your boss ever asked you to put in a few extra hours in a workweek? If so, then are you sure you were compensated fairly? Overtime pay is regulated by the federal Fair Labor Standards Act, so it’s important to know whether you are covered under this overtime law or not. Are you interested in finding out? Get all the details below.
The Fair Labor Standards Act
The Fair Labor Standards Act (FLSA) sets out specific standards that employers must follow. Overtime, according to the act, is defined as any clocked-in hours after already working 40 hours in one workweek. The act specifies that employers who allow employees to work over 40 hours will be obligated to pay them additional compensation. The rate is time and a half, which means 1.5 times the amount of your regular pay rate. Here’s a very easy formula that will help you calculate what your overtime pay should look like:
- (1.5 times your regular pay rate) x (number of hours worked over 40) = overtime pay
This overtime pay will always be in addition to your regular rate of pay. Several workers assume that they’ll receive overtime pay for holidays, weekends, or overnight shifts. Keep in mind that these are not requirements listed out in the FLSA. Overtime rates only apply for eligible employees who have already worked over 40 hours. At times, an employer may decide to offer overtime pay for these dates, but it’s not required by federal law.
Violating these overtime laws can result in lawsuits. Even the iconic superstore Walmart was ordered to pay over $188 million in wage violation settlements back in 2014.
Exempt Versus Non-Exempt Overtime Workers
Most workers are protected under the FLSA, but some are not. Here’s a list of some of the types of employees who are exempt from FLSA overtime coverage:
- Railroad and air carrier employees
- Seamen on American vessels
- Certain commissioned employees
- Aircraft, auto, trailer, farm, boat or truck salespersons
- Announcers, news editors and chief engineers of broadcasting stations
Sometimes, it can be difficult to understand whether overtime laws apply to you or not. It’s in your best interest to consult with an attorney if you need more information about your rights. If you feel your employer has made a wage and hour violation, then you need to look into your legal options.
Contact a Pittsburgh Workers’ Compensation Lawyer to Discuss Your Pennsylvania Workplace Injury Case
Were you denied overtime pay in Pennsylvania? Speak with a knowledgeable wage and hour violations lawyer about your situation and get guidance throughout the process. The experienced employment law and overtime attorneys at Goodrich & Geist, P.C. represent clients in Pittsburgh and the surrounding Westmoreland County areas. Call us today or fill out our online contact form to schedule a consultation about your work injury case. Our main office is located at 3634 California Avenue, Pittsburgh, PA, 15212.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.