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When is an employer required to pay overtime?

Everybody wants to be fairly compensated for work time, and the Fair Labor Standards Act (FLSA) is a federal law that governs overtime. Maryland and the District of Columbia have state overtime laws the provide the same or greater protections for you.

Employers covered by the overtime laws are required to provide additional compensation to employees that spend extra time on the clock. You are due one and a half times your regular hourly wage for each hour over 40 worked in a 7-day period. For example, if you make minimum wage of $9.25 per hour, you must be paid $13.87 for each hour over 40 that you work in the 7-day period, unless you are exempt. 

Am I exempt just because I am paid on a salary basis?

No! Even if you are paid a salary, you are still entitled to extra pay for each hour over 40 that you work in a week, as long as you are non-exempt.

What about full-time vs. part-time?

The FLSA does not make a distinction between full-time and part-time work. This is a distinction that is made by the employer, and it does not affect how the law views whether you are entitled to overtime pay.

Do you have questions?

You may be eligible for back pay if your employer is covered by the FLSA and failed to pay you overtime. The overtime laws allow employees to file a claim up to three years after the date they should have received payment. If you have questions about overtime pay, contact an attorney who is experienced in this area of employment law.

*This information on this blog is not nor is it intended to be legal advice. You should consult an attorney for individual advice regarding your particular situation.

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