There are many misconceptions surrounding overtime pay, but your Washington DC hourly wage lawyer can shed some light on your case. In this blog, we’ll debunk some of the most common myths about overtime pay to help you better understand your rights and obligations.
Myth 1: Only Hourly Workers Are Entitled To Overtime Pay
One of the most prevalent myths is that only hourly workers are eligible for overtime pay. While it’s true that many hourly employees qualify for overtime, salaried employees can also be entitled to overtime pay. The key factor is whether an employee is classified as exempt or non-exempt under the Fair Labor Standards Act (FLSA). Non-exempt employees, regardless of whether they are paid hourly or on a salary basis, must receive overtime pay for hours worked over 40 in a workweek.
Myth 2: Employers Can Choose To Pay Overtime Whenever They Want
Some believe that employers have the flexibility to decide when to pay overtime. However, the FLSA mandates that non-exempt employees must be paid overtime for any hours worked over 40 in a workweek. Employers cannot choose to delay or withhold overtime pay. It must be included in the next regular paycheck following the pay period in which the overtime was worked.
Myth 3: Overtime Pay Is Not Required For Weekend Or Holiday Work
Another common misconception is that employees are entitled to overtime pay simply for working on weekends or holidays. Overtime pay is determined by the number of hours worked in a workweek, not by the specific days on which those hours are worked. If an employee works more than 40 hours in a week, they are entitled to overtime pay, regardless of whether those hours include weekends or holidays.
Myth 4: Small Businesses Are Exempt From Paying Overtime
Some people believe that small businesses are exempt from overtime laws. While the FLSA does have certain exemptions, the size of the business is not a determining factor for overtime eligibility. Most businesses, regardless of size, must comply with the FLSA’s overtime requirements if they engage in interstate commerce or have an annual revenue of at least $500,000.
Myth 5: Employers Can Offer Comp Time Instead Of Overtime Pay
Some employers may suggest offering compensatory time off (comp time) in lieu of paying overtime. For private sector employees, this practice is generally not allowed under the FLSA. Non-exempt employees must be paid overtime for hours worked over 40 in a workweek. Comp time can be offered in the public sector under specific conditions, but it is not a substitute for overtime pay in the private sector.
Myth 6: You Must Get Approval For Overtime Work To Be Paid
Many employees think they won’t be paid for overtime work unless it’s pre-approved by their employer. While employers can require employees to obtain approval before working overtime, they are still legally obligated to pay for all hours worked.
Get In Touch Today
If you believe you’re not receiving the overtime pay you’re entitled to, or if you’re an employer seeking to ensure compliance with overtime laws, it’s important to seek professional legal guidance.
We’re dedicated to helping you understand and protect your rights. At Eric Siegel Law, we have experience helping clients across a broad range of fields, from employment and business to civil rights. Contact us today for a consultation, and let us assist you in addressing any concerns you may have about overtime pay.