Do You Qualify For Overtime Pay, Or Are You Exempt?

A number of employees in the U.S. work over 40 hours a week without receiving overtime pay. Some of those workers are entitled overtime wages but do not receive the payment they are rightfully owed.

Overtime pay should be one-and-a-half times the regular pay rate for any additional hours over 40. Unfortunately, not all workers are given overtime wages under federal and state laws. Employees of very small businesses may not be entitled to overtime pay; however, that threshold is low.

You may qualify to receive overtime pay if you meet the following criteria as set out by the Fair Labor Standards Act:

  • The business that you work for has an annual gross volume of sales or business done totaling $500,000 or more.
  • And/or you are employed at a hospital, school, public agency or business providing medical or nursing care for residents.

If you believe you are owed overtime wages then call the knowledgeable wage and hour dispute attorneys at Formisano & Company in Cranston.

Overtime Eligibility Can Depend On Job Duties And Pay

Both federal and Rhode Island labor laws state that you may be exempt from overtime if you are a salaried white collar employee. This includes employees performing primarily administrative, professional or executive duties. Rhode Island law and federal labor law differ on the matter of pay.

Job duties and pay standards for overtime only skim the surface of wage and hour law. There are a number of exceptions and rules. For example, certain workers such as lawyers, doctors, outside sales employees and teachers are not subject to either duty or salary requirements. Due to the complexity of labor laws, many workers do not realize that they are owed overtime wages.

This is especially true for workers who perform manual labor in their jobs. Nonmanagement employees in construction, maintenance, production and similar occupations are entitled to both minimum wage and overtime pay under FLSA. Exemptions also do not apply to paramedics, firefighters, police officers and other first responders.

Ultimately, job titles and duties do not necessarily guarantee exemption. The Fair Labor Standards Act includes very specific requirements and details. If you believe that you may be owed overtime wages by your employer, then contact one of our employment law attorneys right away.

Contact Us To Learn About Your Rights Under The Law

At Formisano & Company, we can help determine if you are eligible for backpay under the law. Call our office today at 401-400-4402 to schedule an appointment with an experienced attorney. You can also fill out our convenient online form.