Advertising
Advertising

Know Your Rights: Can I Get Paid Working Overtime?

Know Your Rights: Can I Get Paid Working Overtime?

It’s getting to the end of the day–the moment you have been waiting for all day to leave work. Then, something unexpected happens–an emergency, a deadline that wasn’t met or an annoying customer. Before you know it, you have stayed on longer than you should. And for some people, this is a daily occurrence. But what does this mean if you are a non-exempt worker?

Almost half of Americans work more than 50 hours a week.[1] When you consider that the average working hours is less than 30 hours a week in countries like France, Denmark, the Netherlands and Germany,[2] you realize how overworked the average American must be. So it is even more important to know whether you should be getting paid for those extra hours or not.

The Fair Labor Standards Act (FLSA) states that employees need to be categorized as exempt or non-exempt. The most significant difference is the issue of being entitled to overtime pay.

Non-exempt workers must be paid overtime.

A non exempt employee, as the name suggests, is not exempt from the FLSA rules. They must be paid at least the minimum hourly rate.

Advertising

If they work more than 40-hours a week, they must be paid overtime at the rate of not less than 1.5 times their hourly rate for each hour. The current federal minimum wage is $7.25 per hour but some states offer a higher minimum hourly rate.[3]

Pros:

  • You are entitled to overtime rates.
  • You have the option to earn more money (if you wish) by opting to work overtime.

Cons:

  • You stand to lose money if your hours ever reduced.
  • Depending on the company, you may not have the same benefits and perks as an exempt worker.

Exempt workers are not entitled to overtime pay.

An exempt employee must be paid a salary (as opposed to an hourly rate), which means they will not be entitled to overtime pay. These workers receive above minimum wage rates and must earn at least $455 a week in order to meet the threshold set by the FLSA.

Advertising

They tend to work in the capacity of an executive, administrative, professional or sometimes sales.

In November 2016, a federal judge issued an injunction to stop a new rule by that would have increased the exempt salary threshold from $23,600 a year to $47,476 a year. But according to the Society for Human Resource Management,

“For now, the overtime rule will not take effect as planned Dec. 1 [2016], but it could still be implemented later down the road.”

Pros:

Advertising

  • You have a reliable and fixed income monthly.
  • You often earn more based on a salary than those who get paid an hourly rate.
  • You often have more access to better benefits and perks.

Cons:

  • You are not entitled to overtime rates.
  • You may have to work much longer hours in order to meet your workload.

Know your rights and be a smart employee.

Now that you understand the difference between non-exempt and exempt employees, time to evaluate your work and know when you’re entitled to get paid.

1. Be aware of the “clock in and out” system.

If you work on a “clock in and out” system, ensure that you are being paid for all the hours you work. For instance, some employers may force workers to clock out for lunch even if they work through their lunch, or clock out when they end up staying later.

2. Starting early could mean working overtime too.

Some employers may ask you to start early so that there is time to put your uniform on or to attend meetings or trainings, etc. If this happens and you work on a clock system, you are entitled to get paid for that time.

Advertising

3. Stay up-to-date with salary policies.

The Department of Labor, with the support of many Congress members, is trying to appeal the injunction to change the law for the exempt salary threshold. Check their website to stay up-to-date with any developments.

If you have any doubts about your exempt or non-exempt rights, or feel you are not being treated fairly, contact the Department of Labor.

Featured photo credit: Flaticon via flaticon.com

Reference

More by this author

J.S. von Dacre

Writer at Lifehack

Alert: If You Always Avoid Things You Fear, You May Have This Issue 10 Best Romance Movies That Reflect the Harsh Reality of Relationships Things Parents Do Unconsciously That Make Their Kids Become Codependent If You’re Overly Dependent, Probably It Is Due to the Scars of Childhood 90% of People Confuse Codependency with Intense Love. Are You One of Them?

Trending in Productivity

1 Read this and stop feeling overwhelmed…for good! 2 There Is More to Life Than  ____________ 3 10 Steps For Success: Applying The Power Of Your Subconscious Mind 4 How to Lead a Team More Effectively and Be a True Leader at Work 5 How to Live up to Your Full Potential and Succeed in Life

Read Next

Advertising
Advertising

Last Updated on December 17, 2018

Read this and stop feeling overwhelmed…for good!

Read this and stop feeling overwhelmed…for good!

We live in a time of productivity overload.

Everywhere you turn are articles and books about how to be more productive, how to squeeze 27 hours of work out of every 24, how to double your work pace, how to do more and more all in the name of someday getting out of the rat race. Well this is about the side effects of those ideas. If we aren’t multitasking, we feel lazy. If we aren’t doing everything, we feel like we’re slacking. We compare ourselves to others who we think are doing more, having more, getting more and achieving more, and it’s driving us crazy. We feel overwhelmed when we think we have too much to do, too much is expected of us, or that a stressor is too much for us to handle. And we respond by lashing out with emotions of anger, irritability, anxiety, doubt and helplessness.

Advertising

This season especially is the most stressful time of year. Between the holidays, final exams, family gatherings and general feelings of guilt that it’s the end of the year, it’s easy to get overwhelmed thinking of all the things you still need to get done. But if you use these tips, not only will you get the important stuff done, you’ll keep your sanity while doing it!

    Is this you?

    Change your thought pattern-stop thinking negatively

    When you feel overwhelmed, the first thing you do is start thinking negatively or begin to resent why it’s your responsibility in the first place! The first thing you have to do is to stop! Stop thinking negatively immediately. Instead, focus on the positive. If you’re stuck in traffic, think of how great it is to have some time to yourself. If you’re rushing trying to get things done by a deadline, think how lucky you are to have a purpose and to be working towards it. If you’re stressing about a final exam, think of how fortunate you are to be given the opportunity of higher education. After you’ve changed your thought patterns, you must then say to yourself “I can do this.” Keep saying it until you believe it and you’re more than halfway to ending feeling overwhelmed.

    Advertising

    Take a deep breath/change your body posture

    When you’re stressed certain things happen to your body. You start to breath shallowly, you hunch over, you immediately tense up and all that tension drives your feelings of stress even more. Relax! Straighten your posture and take at least ten deep, cleansing, breaths. Force yourself to smile and do something to change your state. It could be as simple as giving yourself a hug or as silly as clapping your hands three times, throwing them up in the air and shouting “I GOT THIS!” Think to yourself, how would I sit/stand if I had perfect confidence and control of the situation?

    Focus on right now

    Now that you are in a better state of mind and are no longer thinking negatively, you need to focus on the here and now. Ask yourself this question: What is the most important thing I have control of and can act on right now? Keep asking yourself this until you have a concrete next step.

    Advertising

    Take Action

    Now that you know what’s most important and what to do about it, do it! Start with the first step and focus on getting that done. Don’t worry about anything else right now, just on what your first step is and how to get it done. Once that’s done with, determine the next most important step and get that done.

    Let go of what you can’t control (the gambler’s theory)

    Seasoned gamblers understand the importance of due diligence and knowing when to let go. The Gambler’s Theory is that once your bet is placed there is nothing you can do, so you might as well relax and enjoy the process. The time to worry is when you’re figuring out the best odds and making the decision of what to bet when you can actually take action. I used this one a lot in college. After an exam, there is absolutely no point in stressing about it. There’s nothing you can do. And the same goes for feeling overwhelmed. If you can do something about your situation, do it, focus and take action. But if you’ve done what you could and now are just waiting, or if you’re worried about something you have no control over, realize that there’s no point. You might as well relax and enjoy the moment.

    Advertising

    yoga-422196_1280
      Relax and enjoy the moment

      Stop feeling guilty

      Finally, stop comparing yourself to others. If you are at your wits end trying to keep up with what you think you should be doing, you aren’t being fair to yourself. This isn’t to say that you shouldn’t strive for improvement, just don’t go overboard because you feel like you have to. Only you know what’s really important to you, and your personal success journey so focus on what your top priorities are, not someone else’s.

      Everyone feels overwhelmed sometimes. The important thing is to realize it’s normal and that you can do something about it by taking focused and deliberate action. Happy Holidays!

      Featured photo credit: Stress Therapy via flickr.com

      Read Next