Fair Pay and Time Off FAQ
Frequently asked questions about the wage and hour laws that govern your pay and time off from work.
» Am I entitled to overtime pay?
If I get paid tips, can my employer pay me less than minimum wage?
Do I have the right to take time off when I have a baby -- and is that time paid?
Does my employer have to pay me for time spent on required training?
I'm in the National Guard, and I've been called to active duty. Am I entitled to get my job back when I return? Can my wife take time off now to make arrangements for my departure?
Can my employer require me to clock out when I take a break?
Because of my long commute, the polls aren't open when I leave for work -- and are closed by the time I get home. Can I take time off to vote?
I recently left an abusive relationship, and I need to take some steps to make sure my children and I are safe, like finding a new place to live and getting a restraining order. Am I entitled to take time off from work for this?
Am I entitled to overtime pay?
The first thing to check is whether your employer is covered by the federal Fair Labor Standards Act (FLSA) and/or your state’s wage and hour law. Because the coverage of these laws is so broad, it's likely that your employer must comply with them.
The next step is to see whether you are considered an "exempt" or a "nonexempt" employee under these laws. If you are exempt, then you are not entitled to overtime pay; if you are nonexempt, then you are entitled to overtime pay.
If you routinely exercise discretion, supervise other employees, and/or make high-level decisions, you are probably an exempt employee who is not entitled to overtime pay. To be one of these "administrative, executive, or professional" employees exempt from overtime under the law, you must be paid on a salary basis (at least $455 per week) and spend most of your time performing duties that require you to use your own discretion and independent judgment.
In addition, workers who do certain types of jobs are not entitled to overtime. Some of the more common jobs that aren't eligible for overtime are:
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independent contractors
- volunteers
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outside salespeople (that is, employees who customarily and regularly work away from the employer’s business, selling or taking orders to sell goods and services)
- certain computer specialists (such as systems analysts, programmers, and software engineers) who earn at least $27.63 per hour
- employees of seasonal amusement or recreational businesses, such as ski resorts or county fairs
- newspaper deliverers
- employees who work on small farms, and
- casual domestic baby sitters and people who provide companionship to those who are unable to care for themselves (but this exception does not include those who provide nursing care, or to personal and home care aides who perform a variety of domestic services).
If you do not supervise others or make important decisions for your company, and you don't work in a field that's not eligible for overtime, then you are probably entitled to overtime pay if you work more than 40 hours in a week or, in some states, more than eight hours in a day. For more information, see Overtime Pay: Your Rights as an Employee.
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