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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.

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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.

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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:

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  • 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.

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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

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J.S. von Dacre

Writer at Lifehack

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Last Updated on October 16, 2018

You’ll Only Live Your Best Life Once You Step Out

You’ll Only Live Your Best Life Once You Step Out

Fear is a valuable thing. It keeps people safe and encourages caution when caution is due. But Fear can also be a limiting factor because not everything you’re afraid of should really be feared.

Have you ever been faced with a situation where you were afraid of making a decision, making a change or taking a risk?

Did you end up taking that risk or making that decision? Or, did you just stay put and left things as they were? If you did, are you happy with how things have turned out?

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It’s in our nature to like feeling safe–to be in comfort and away from danger. This has always been the case since the beginning of time, when the first humans only knew how to prioritize survival. Even today, many still choose to play it safe and avoid taking risks or taking leaps of faith when it comes to their choices in life.

The Realist and the Dreamer

To put it simply, there are two kinds of people: the realists and the dreamers. The realists are the logical and cautious type of individuals who always think and weigh out the pros and cons before making any decisions–especially the big, life changing ones. Whether it was deciding on what to major in at University, what career path to take, whether or not to purchase that house or car, to go on that holiday, or to splurge on that new watch, the realist thinks long and hard before making a decision, if they even decide. Realists stick to the “what’s next?” plan for the future and may not abstractly consider different possibilities for where life can lead. This is usually because of the confidence they have already devoted to an accepted plan.

Realists have dreams too, but these are more so rooted in ambition, drive and determination. They are goals that have been enumerated for some time. Realists understand that progress requires more than ambition and drive, but also, connections. They feel that life is never worry-free because of survival, responsibility and…paying a rent or a mortgage. As a result, they tend to make safe choices and stick to their comfort of knowing what’s best for themselves.

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Now let’s look at the dreamers. The dreamers are well, dreamers. They have big lofty ambitions, are risk takers, sometimes over impulsive, but they often always challenge the norms of society and dare to think outside the box. This is not to say that they do not have plans or a path that they want to follow. But they are more likely to change the course of their journey through time, experience and by following their heart.

Dreamers derive their inspiration from within. No one else’s perspectives weigh in greatly enough to shift a dreamer’s drive. Dreamers don’t allow their fears to consume them. They may fail from time to time, but they never give up on life or love.

Embrace Fear

So which of the two do you think you are? And is one better than the other? In life, balance is always key. I’m sure you would have heard the saying: “everything in moderation”. Likewise, being a realist isn’t any better than being a dreamer. Both come with their challenges. But what I do know, is that no matter where you are in life, fear should always be seen as a way of pushing you towards becoming a better you.

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Stepping outside of your comfort zone is a type of fear that should be embraced. If you see yourself as a dreamer, then great! Chances are, stepping out of your comfort zone isn’t new to you. Whether it’s deciding to drop out of University to start your own business, moving to a new country on your own, taking that step to ask someone out on a date despite thinking they’re way out of your league, or deciding to quit your high paying job of 10 years to become a DJ. You chose to do that because you knew that you would most likely regret the ‘what ifs’ more than the mistakes (if any) of those decisions.

But if you’ve always been more of a cautious individual (nearing towards being a realist), then I hope you’ll give more thought to embracing the act of stepping out more! Of course, that doesn’t mean you have to start making hasty or bold decisions such as the ones mentioned. It just means opening your mind to the acceptance that stepping out of your comfort zone isn’t a bad thing, it’s not something to be hesitant or afraid of.

Managing Fear

In times of stress or discomfort, remember that some of the best things happen when you’re afraid or put in an uncomfortable situation. These experiences can both challenge you and help you grow. Commit to giving the situation a try with your best effort, and keep expectations low to reduce additional pressure. Living outside of one’s comfort zone is by definition uncomfortable. Therefore, the best habit you can foster within yourself is the practice of becoming familiar with discomfort.

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You may be at a crossroad in life and feeling undecided about something, or you may feel like you’re not happy with where you’re at right now. It could be a job that you’re not happy with, a relationship you’re not happy in, or even just knowing that you’re too comfortable with where you’re at that you don’t feel challenged. All of this uncertainty can be traced back to your intentions. What is it that you want? What is it that you’re looking for?

So, What Are You Looking For?

If you feel like you’re stuck in a rut or know that you need some sort of change, but you’re just not sure how to take that step towards the change, why not subscribe to our newsletter? Our daily inspiration will help you embark on a journey, and will allow you to find that light at the end of the tunnel you’re searching for.

At Lifehack, we’re dedicated to helping you find the ideal solutions to your problems, and with over 15 years of experience in coaching, we have condensed our knowledge and practices into a highly effective transformational model that you can use to not only help you out of your rut, but to also help you find new and bigger meaning to your life.

Stepping out of your comfort zone isn’t always the easiest, but we’re here to make it easier for you to realize your true potential. The time to act is now!

Featured photo credit: Maher El Aridi via unsplash.com

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