Within the work of any company, there are times when there are high seasons or important projects in which it is necessary to remain longer at the company, which is why many immigrant workers frequently ask questions about overtime pay in the United States.
Therefore, in this article we will help you understand how overtime works and, of course, to know if it is possible for you to take legal action against the company for which you provide services in case it refuses to pay you after having worked outside your established schedule.
Do not forget that by contacting the Conexión Legal team as soon as possible by calling us at 1800 201 1220 or writing to us through WhatsApp, you can receive the best free legal advice and, in this way, achieve the highest possible compensation.
What Are Overtime Hours?
It is any work activity performed beyond the permitted workload in the day or week and outside normal work hours. Federal provisions on overtime pay are found in the Fair Labor Standards Act (FLSA). It establishes that workers who are covered by this law must receive pay for working more than 40 hours per week.
How Much Is an Overtime Hour Worth in the United States?
Undoubtedly, one of the most frequent questions about overtime pay is about the hourly value of each one. It should be noted that overtime is paid at least at 150% of the value of a regular hour. That is, the standard hour plus half. To estimate the payment for each additional hour, you must multiply the value of an hour by 1.5.
According to the U.S. Department of Labor, workers covered by the law must be paid overtime. However, U.S. law does not detail overtime payment for Saturdays, Sundays, holidays, or days off, unless overtime hours are worked on those days.
The work week is a continuous period of 168 hours. That is 7 periods of 24 consecutive hours. It can begin any day and at any time. Payment for overtime hours earned must be received on the same day as the payment of regular wages for the period worked. In other words, it is not allowed, for example, to work overtime in February and be paid at the end of the year. They must be paid according to the established payment schedule.
Who Is Entitled to Overtime Pay?
Most workers in the United States are entitled to overtime pay. However, some are not eligible for payment.According to the FLSA, workers who earn $455.00 or more in a week and who perform a function considered administrative or "managerial" are not eligible for overtime pay. Functions exempt from overtime accumulation may be:
- Executive: When the work is performed in an office or is non-manual work related to the management of operations. Jobs that require the discretion of the worker.
- Technical: When the tasks require advanced knowledge in a scientific field or a discipline that involves specialized training in a technical field.
- Creative: when the work involves the arts in a given field, invention, idea generation, imagination, etc.
- External sales: when the worker works in the sales area outside the office.
- Computer professionals: Are also exempt from paying overtime.
However, remember that if your weekly salary is better than what the law states, you must be paid overtime for this type of work. It also means that if you receive a fixed salary as such and not an hourly wage, you must convert it to an hourly wage.
To do this, divide your salary by 30 days and then by 8 hours. The result is the value of your hourly wage for regular hours.
Is it mandatory to receive overtime?
It is required that the employer recognize overtime hours to their workers under the conditions established by the FLSA. In addition, this includes shifts, breaks or meal breaks, and downtime or non-productive time, which is when there is nothing to do at that time.
It also includes time used to perform any work-related task requested by your employer. It does not matter if it is as simple as dropping off documents or if it is more complicated work.
This means that if you bring work home, you must be paid whenever your boss knows you are doing it and allows you to. Also, if you arrive early to the office to start work or retire later.
Of course, you must do so in accordance with your supervisor. You cannot simply decide to arrive early without the need or authorization of a supervisor.
What to do if they refuse to pay my overtime?
Due to lack of knowledge about overtime pay, many employers deny this compensation to their employees. One strategy used is to offer positions with exaggerated or inflated names, allegedly exempt. For example, put "analyst" for a cashier or "creative" for a handyman.
If you believe that you are denied the right to overtime pay, you can go to a lawyer or the U.S. Department of Labor, to obtain advice and recover payment for the lost hours.In that case, your employer will have to pay you for the hours worked. Remember that you cannot be fired in retaliation for asserting your rights as a worker.
If you have identified yourself with these situations, you should contact Conexión Legal as soon as possible so that you can receive free legal advice and in your case we can help you obtain the highest compensation, in addition to resolving the key questions when hiring labor attorneys. Follow the steps in the following form to schedule your free consultation appointment.
