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Do I have the right to claim unpaid overtime?

The rights that you have as an employee depend on the exact circumstances of your employment. If you are nonexempt from the Fair Labor Standards Act (FLSA), you have the right to get paid at overtime rates for any hours worked over 40 in any given workweek.

Therefore, if you are unsure about whether you are owed overtime pay from your employer, you should first take action to learn whether you are exempt from the benefits associated with the FLSA. If you are nonexempt, you should then proceed by proving that you worked a certain number of hours and that you were not adequately reimbursed for them.

Am I a nonexempt employee?

You are considered to be a nonexempt employee if you earn less than $684 per week or less than $35,568 annually as effective on Jan. 1, 2020. In addition, you are nonexempt if you earn an hourly rate rather than a salary, and if you do not hold a "white collar" position. In other words, if you get paid an hourly wage, and you are not in a managerial role, you likely have the right to receive overtime pay.

What pay am I entitled to when working overtime hours?

As a nonexempt employee, any hours you work over 40 in any workweek should be paid at one and one-half times your regular rate of pay. A workweek is defined as any period of 168 consecutive hours.

If you are unsure of whether you are owed overtime pay or you don't know how to go about taking action, you should learn more about your rights under the FLSA.

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