The answer is yes. Overtime hours are paid by law at a minimum of 150% of the value of each regular hour; that is, the regular hour plus half. To estimate the payment for each overtime hour, you must multiply the value of one hour by 1.5 and in case your employer refuses to pay them, they will be committing labor abuse.
According to the United States Department of Labor, workers covered by the Act must receive their overtime pay. However, United States law does not detail overtime pay for working Saturdays, Sundays, holidays or rest days, unless overtime hours are worked on such days.
If your employer owes you overtime pay, you should contact Conexión Legal as soon as possible by calling 1800 201 1220 so that one of our specialized attorneys can provide you with the best possible advice at no cost, and so that we can achieve payment of these overtime hours in due course.
The work week is a continuous period of 168 hours, that is, 7 consecutive periods of 24 hours. It can start any day and at any time. Payment for overtime hours earned must be received on the same day as the regular salary payment for the work period. That is, it is not allowed, for example, to work overtime in February and have it paid at the end of the year. These must be settled according to how the pay period is established.
Within the work of every company, there are occasions when there are peak seasons or important projects and it is necessary to stay longer at the company, so in many immigrant workers the question arises of how overtime is paid in the United States.
Most workers in the United States have the right to receive overtime pay. However, some do not qualify for such pay. According to the Fair Labor Standards Act (FLSA), workers who earn $455 or more in a week and perform a function considered administrative or "management" are not candidates for overtime pay.
Functions Exempt from Overtime Pay
The functions exempt from receiving overtime and that would not qualify as labor abuse may be:
Executive
When the work is performed in an office or is non-manual work related to the administration of operations. Jobs that require the judgment and discretion of the worker.
Technical
When the tasks require advanced knowledge in a scientific field or a discipline that involves specialized instruction in a technical area.
Creative
When the work involves arts in a particular area, invention, idea generation, imagination, etc.
Outside Sales
When the worker works in the sales area outside the office.
Computer Workers
They are also exempt from overtime pay.
However, remember that if your weekly salary is better than what is indicated by Law, overtime must be paid to you in this type of work. This also means that if you receive a fixed salary as such and not hourly pay, the conversion to hourly pay must be made. To do this, divide your salary by 30 days and then by 8 hours. The result obtained is the value of your hourly pay for ordinary hours.
It is important that you remember that if your employer or company owes you overtime pay, you should contact Conexión Legal immediately by calling 1800 201 1220 or write to us via WhatsApp so that one of our labor abuse attorneys expert in the matter can provide you with the best free legal advice possible, so that together we can achieve the fair and expeditious payment that corresponds to you for this right that is protected by United States law.
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