Overtime Law & Minimum Wage
The federal overtime and minimum wage law is known as the Fair Labor Standards Act (or FLSA). The law requires:
- employees be paid overtime at the rate of time and one-half for all hours actually worked over 40 except where a specific exemption applies.
- time and a half is to be calculated on the basis of the regular hourly rate, no matter how much or how little you make and even if you are paid a salary.
- employees be paid the minimum wage of $5.85 as of July 24, 2007 ($5.15 per hour before July 24, 2007) for each hour actually worked.
- State overtime laws may provide additional overtime protections or a higher minimum wage rate, but state laws may not excuse compliance with the FLSA.
Enforcing Your Rights
If your employer fails to pay you overtime or minimum wages required by the law, you have the right to:
- Back pay
- Liquidated (double) damages
- An employer found to violate your rights is responsible for your legal costs including attorneys' fees
- A claim can generally be brought for unpaid wages earned within the last three (sometimes two) years
- You may bring a lawsuit to collect for yourself and for other employees (Getman Law Office does not charge any fees for bringing a suit until we win your case).
- You may contact the Department of Labor to collect for yourself and for other employees
How To Determine If You Have A Claim
The FLSA guarantees that employees get the overtime or minimum wages they are due. Even if employers unintentionally violate the law, employees have a right to backpay. Here are some ways employers violate the law:
- Treating workers as "exempt"
- Making employees work "off the clock"
- Not paying for all the hours of work, such as work at home.
- Treating employees as "independent contractors"
Overtime pay is a basic right. The law is sometimes complex and there are exceptions and technicalities that may apply to your particular case.
Complete a 3 minute on-line questionnaire to see if you may be owed additional compensation.
Further Information On Overtime Laws
The most comprehensive information on the Fair Labor Standards Act is a legal treatise. For people who want to delve into the details of the FLSA, reviewing the treatise is now possible through GoogleBooks: Fair Labor Standards Act Treatise by Ellen Kearns. You should be aware that only the main treatise volume (1999) is available through this site and that the cumulative supplements since the original publication are not available.
Further information on the federal overtime and minimum wage law is available from the U.S. Department of Labor.
State law may provide additional overtime and minimum wage rights. State law may not take away any rights granted under the federal overtime law.
- Alaska
- Arizona - No Additional Protections
- Arkansas
- California
- Colorado
- Connecticut
- District of Columbia
- Delaware
- Florida
- Georgia
- Guam
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana - No Additional Protections
- Maryland
- Massachusetts
- Maine
- Michigan
- Minnesota
- Mississippi - No Additional Protections
- Missouri
- Montana
- Nebraska (PDF)
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- South Carolina - No Additional Protections
- South Dakota
- Tennessee - No Additional Protections
- Texas
- Utah
- Virginia
- Vermont
- Virgin Islands
- Washington
- West Virginia
- Wisconsin
- Wyoming