Full Answer
The federal Fair Labor Standards Act requires non-exempt employees to receive overtime at 1.5 times their regular rate for hours over 40 in a workweek. Some states (California, for example) also require daily overtime after 8 hours and double-time after 12 hours.
Whether you are 'exempt' from overtime depends on your job duties and salary — not just your job title. Common exemptions cover executive, administrative, professional, computer, and outside sales employees who meet specific tests. Many employers misclassify workers as exempt to avoid paying overtime.
If you regularly work overtime without extra pay, you may be owed back wages plus liquidated (double) damages plus attorney's fees. An employment attorney can review your situation confidentially.
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