Frequently Asked Questions About Overtime

Q: What are the rules for paying employees overtime?

A: An employer must pay overtime for all hours worked more than 40 in a week.

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Q: How is overtime calculated?

A: Overtime pay should equal one-and-a-half times an employee’s regular hourly rate. Time and a half should be paid for all hours worked more than 40 in any workweek.

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Q: Why should I hire Elk & Elk to represent my unpaid overtime claim?

A: You need a highly-skilled, well-informed and well-prepared law firm with the resources to take on employers charged with unfair labor practices. You need to see that your rights are protected and you are able to get your life back on track as soon as possible following a wage, hourly or overtime debacle. That’s why you should choose Elk & Elk to represent you in the event you are on the receiving end of a unpaid overtime violation.

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Q: Am I still entitled to overtime pay if I receive a salary?

A: You may still be entitled to receive overtime pay, even if you are a salaried employee, depending on your job duties.

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Q: Can my employer refuse to pay overtime because it was not approved in advance?

A: Generally speaking, nonexempt employees must be compensated for all hours, regardless of whether they were pre-approved.

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Q: Is my employer required to give me paid lunch breaks?

A: No. However, if you are not being compensated for your lunch break, your employer cannot expect you to continue to perform work during that time. For example, you cannot be required to eat at your desk and answer phones, unless you are being paid.

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Q: Can my employer make me waive my right to be paid overtime?

A: No. You cannot be forced to waive your rights under the Fair Labor Standards Act and similar state statutes.

 

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