Get the Wages and Overtime You Deserve
The Federal Labor Standards Act (FLSA) governs the laws related to wage and overtime pay. Because this is a federal law, the Wage and Hour Division is responsible for enforcing violations of wage and overtime pay. This is a segment of the Department of Labor, which handles all other labor law issues and disputes.
The FLSA sets a minimum wage that all employers must abide by. States may set their own minimum wage laws, but they cannot go lower than the minimum wage put in place by the FLSA. Employees who receive tips as payment do not have to be paid the federal minimum wage. Right now, the federal law states any employee who makes at least $30 a month in tips is only entitled to receive a minimum wage of $2.13 per hour. But again, states have the right to enact their own laws related to minimum wage for workers who receive tips.
Overtime must never equal less than one and a half times the employee’s regular pay. For example, if an employee is paid $20 an hour, she should be paid at least $30 an hour in overtime pay. Overtime pay should be given to employees when they exceed forty working hours in one week.
However, not every employee qualifies to receive overtime pay, regardless of how many hours they work. Salaried employees are usually not entitled to overtime pay. This means salaried workers can exceed forty working hours every week without receiving any additional pay beyond their standard salary. Hourly workers are generally guaranteed overtime pay, unless they work in an industry that is exempt from paying overtime. To see if your industry is exempt from paying overtime, reference the FLSA.
