What are your rights?
The law divides almost all employees into two categories – Exempt or Nonexempt. If you are a “Nonexempt” employee and work over 40 hours in a workweek, you are generally entitled to overtime pay. It is that simple.
Overtime is supposed to be paid at time-and-a-half of your regular rate of pay. So, if you make $10 per hour, you should get $15 per hour for every hour you work over 40 hours per week.
The Fair Labor Standards Act (“FLSA”) is the federal law governing the payment of minimum wage and overtime payments. As a general rule, the FLSA requires an employer to pay an employee overtime compensation for all “hours worked” in excess of 40 hours in a workweek, unless that employee is “Exempt” from the law. The law also provides that employees can recover double damages and attorneys fees if an employee sues under the FLSA to recover unpaid overtime or wages. To understand what it means to be “Exempt” or “Nonexempt”, see the “Are You Exempt” page.