Laws for overtime vary from state to state, with some states requiring overtime pay after eight hours of work per day, and other states having overtime laws that mandate overtime pay after 40 hours of work per week. If you work long hours, chances are good that you’re entitled to overtime pay.
All too often, though, employers rip off their workers. Sometimes, an employer classifies a worker as an “exempt employee,” and says that because of that label, he or she is not eligible for overtime pay. Nothing could be further from the truth.
According to labor law, exempt workers are typically those who are in executive, administrative, or professional positions. But don’t be fooled. Just because you work in an office doesn’t mean that you’re classified as an “exempt” administrative employee. Labor law is very specific that an exempt employee is defined not by his or her job title, but by the actual regular job duties. If you’ve been labeled as an “exempt employee,” but don’t have job duties that include things like setting policy, supervising employees, or making personnel decisions, chances are you’ve been “misclassified.” This “misclassification of workers” results in people just like you being denied the protections and benefits that they deserve – most notably overtime pay.
In addition, there exists a quasi-underground economy in today’s workforce, in which workers are either paid off the books or are paid as independent contractors when they meet the criteria to be considered employees. Employers who engage in this conduct do so to avoid paying unemployment insurance, workers’ compensation, benefits, overtime, social security, and disability, as well as to avoid the paperwork involved in income tax withholding.