Q&A: Answering Your Questions about Overtime Pay
Employment Labor Law Employment Employee Rights Employment Employment Contracts
Summary: Overtime is confusing. Sometimes you’re eligible and sometimes you’re not. Meanwhile, no one seems to know what rights the employer has and what rights you have. More than ever, questions are floating around about overtime wages so keep reading to get those questions answered.
The Basics of Overtime Wages
In order to clear up the rules on overtime wages, let’s start with some simple information. Only certain employees are eligible for receiving overtime wages, and this decision is based on the government’s measure of salary and job duties. When eligible for overtime, employees should receive time and a half pay for any hours worked over the standard 40-hour workweek. This means an employee who receives $10 per hour would receive $15 per overtime hour.
Can you refuse
to work overtime?
Your
employer can require you to work overtime. Some people believe that employers
cannot schedule employees for more than 40 hours in a workweek due to the
standard of 40 hours in a workweek. Working overtime can be voluntary, but it
doesn’t have to be. If you’re assigned 43 hours of work, you will be written up
for punching out after only working the 40 hours.
Can my boss
refuse to pay me overtime if I’m eligible?
No, if you are required to work over 40 hours a week, and you are eligible according to the Fair Labor Standards Act (FLSA), then your employer must pay you time and a half for every hour over 40.
Can my employer keep me from working over time?
Yes, your employer can implement
a rule requiring you to receive approval before working over 40 hours in a work
week.
Can my
employer force me to clock out at 40 hours but make me still work?
No, this is illegal. Some
employers may try to do this without making a big deal out of it in a sort of
“don’t ask, don’t tell.” Also, a manager might assign an employee a large
amount of work, knowing that to complete it will take more than a standard 40-hour
workweek to finish. The law obligates employers to compensate their employees
for work.
Should I be paid overtime when I work through my lunch
breaks?
Yes, if you are eligible for
overtime wages, then you should be paid for all time worked. A full-time
employee, who is paid hourly with a daily 30-minute lunch break and must work
during lunch, should be paid. The law forces employers to pay employees for all
hours worked. Best practice is to clear working overtime with your boss before
doing so.
If I work over
40 hours without employer permission, do I still receive overtime wages for
that time?
Yes, the law requires that
employers pay eligible employees time and a half for overtime hours. Your
employer may discipline you for working unapproved overtime hours, but they
must still pay you.
Can I be fired for not working overtime?
Yes, your employer can fire you
if you refuse to work overtime and they require it. The FLSA does not regulate
employers on how much time they demand from employees, but it does require that
employees be compensated for their time. In Pennsylvania, no state laws add any
additional protections for employees.
Does my
employer pay me overtime wages when I work more than 8 hours in a workday?
No, the federal government only
regulates how many hours are a standard workweek, not a standard workday.
Therefore, you are only paid overtime wages for overtime hours over the 40-hour
standard workweek. Only certain state governments have regulated the work day
hours, but Pennsylvania is not one of them.
Can I be denied overtime wages because I work in two
separate departments?
Naturally, the answer depends on
the state, the jobs, and eligibility. This requires a more in-depth answer,
looking at the different variables that could influence the outcome. And in
your case, you may need to speak with an employment lawyer to find out how your
employment lines up under the law.
Lexi works a full-time nonexempt
job for the state government. She also landed a 10-hr nonexempt position in
another department. What should her pay be?
FLSA Exempt and Nonexempt Employees
The Fair Labor Standards Act
determines whether an employee is eligible for overtime wages or not. Exempt
employees meet a certain salary requirement as well as certain duties and do
not receive overtime pay. Nonexempt employees do receive overtime.
Nonexempt
Employee with Two Nonexempt jobs
In this case, an employee working
for the same employer in two different capacities should receive overtime
wages. The trick here is that the employer and employee must decide in advance
what pay rate the employee will be receiving for overtime hours. Without such
an agreement, the overtime pay would be computed from the weighted average of
both pay rates.
Nonexempt
Employee with a Second but Exempt Position
In this case, since the employee
is nonexempt but the second job is exempt, the situation is treated as if all
jobs are nonexempt. Therefore, the employee would receive overtime pay for all
hours worked over 40.
Exempt
Employee with a Second, Nonexempt Job
An exempt employee who works a
second, nonexempt position will receive the regular pay for hours worked at
this job. The only time this might change is if the employee begins to spend as
much or more hours at the nonexempt job.
Can my employer make a nonexempt employee check emails after
hours?
Yes, your employer can
require you, a nonexempt employee, to work after hours, but the employer must
understand that any type of work, even checking emails or making client calls,
is considered overtime and must be paid. If a nonexempt employee works the
standard 40-hour workweek and then must stay on top of email throughout after
hours, the employee must be paid overtime wages for those hours worked over the
standard full-time hours. The FLSA obligates employers to pay nonexempt
employees for their time.
Can an employee agree to waive their right to overtime wages?
Absolutely not. The
U.S. Supreme Court refuses to allow employers and employees to privately agree
to employment terms that violate the FLSA and overtime pay rules. This decision
has been in place since 1945 and continues to reaffirmed in courts.
Do movie theaters have to pay hourly employees overtime wages?
In Pennsylvania, movie
theaters are exempt from paying employees overtime wages for hours worked over
the 40-hour workweek. Federal government also doesn’t allow movie theater
employees to receive overtime wages for overtime hours.
Do stage theater workers receive overtime pay for overtime
hours?
For the most part,
theater workers, including actors, composers, and dancers, do not receive
overtime wages. However, depending on the situation, the court and labor
department can make decisions case by case.
Am I eligible for overtime if I work for a transportation
company in Pennsylvania?
Honestly, it depends
what type of transportation industry you work in and what type of work you are
doing. Many employees who work transportation are exempt from the overtime
laws, including airline employees, railroad employees, taxicab drivers, local
drivers, and motor carriers.
However, in some
cases, certain employees may not be exempt. For example, courts in Pennsylvania
found that two trucking companies were failing to pay eligible truck drivers
overtime wages. Always check into the details of the requirements for overtime
payments.
Do auto body shops have to pay overtime in PA?
So, it depends,
especially since auto mechanics and technicians are paid differently than the
standard employee. The convoluted payment system of “flat rate” or “flag rate”
makes figuring out overtime is difficult. Basically, mechanics are paid a set
amount of money for each repair, no matter how much time it took. Businesses
believe this type of payment system increases productivity. However, it also
creates more overtime questions since mechanics’ hours are not tracked the
same.
The FLSA outlines how
exemptions work for overtime pay of employees in retail or service. Mechanics
are exempt if their regular hourly rate is higher than one and one-half times
the minimum wage, which is $7.25 in Pennsylvania since 2015. Also, if more than
half of your pay comes from commissions, you are exempt from overtime pay. This
is only a brief overview so speak with an employment lawyer if you want a more
detailed answer.
Determining whether or
not you’re eligible for overtime pay depends on four factors.
§
Place of employment
§
Payment system
§
Your salary
§
State where you work
What other employees are exempt from overtime wages in
Pennsylvania?
Pennsylvania’s laws
keep specific types of employees from receiving overtime wages due to their
work. Of course, employers are still required to comply with other minimum wage
standards.
§
Seamen
§
Salesmen or mechanics
(with certain parameters)
§
Taxicab drivers
§
Announcers, news
editors, chief engineers
§
Maple sap to sugar or
syrup workers
§
Movie theater
employees
In situations where a
town or city has a certain population, these areas may be exempt from offering
overtime wages to employees. When a city has fewer than 100,000 people and is
not part of a standard metropolis or a city has fewer than 25,000 people and is
at least 40 airline miles from the nearest metropolis of 100,000+ people, these
cities are also exempt.
What do I do about Miscalculated Overtime?
In some situations, employers knowingly miscalculate overtime wages for employees. This is against the law. Therefore, an employee must take certain steps to recover their unpaid overtime wages. The important thing is to understand when an employer should be compensating you for your time, and then you must also know how to prove that your overtime has been miscalculated. Find out more about how to prove miscalculated overtime.
What to do if I’ve been misclassified exempt for overtime wages?
Exempt employees are measured against a few criteria, specifically income and responsibilities. An employer may try to sidestep the law by classifying employees as exempt when in reality they should be receiving overtime wages. When you believe that you have been misclassified as FLSA exempt for overtime, you must check the FLSA guidelines for overtime exemption.
How do I sue
my employer for unpaid overtime pay?
To sue your employer for overtime
wages, you must do a few things. First of all, you must be certain of your
eligibility for FLSA overtime wages. Once sure, you must then notify your
employer that you believe you may be entitled to overtime. If nothing is done
to rectify the unpaid wages, you should consider contacting an employment
lawyer because he or she will know your legal options for how to sue your
employer for overtime wages.
More questions? Reach out and chat with an employment lawyer at
KM&A.
If you think you might have an overtime case, speak with a lawyer. Chat with an employment attorney: (412) 626-5626 or lawyer@lawkm.com.