Are there any loopholes on overtime pay?

I work for a company and I work 70 plus a hours a week. However, I don’t get paid time and a half. I’ve been there a year and my over time pay is $6.35 an hour. Is that even legal?

Asked on July 13, 2012 under Employment Labor Law, Oklahoma

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Whether or not this is legal depends on just how you are classified as a worker; that is are you an "exempt' or "non-exempt" employee (typically management versus clerical, etc; being an hourly employee is not always an indication of being a non-exempt). If you are exempt this means that overtime laws do not apply to you. However, if you are non-exempt, then it would appear based on the facts presented, you are indeed entitled to overtime pay.

At this point, you need to contact your state's department of labor; try their website (or go to the federal Department of labor's website). You will find listed just who is considered to be exempt and who is considered to be non-exempt. If you are the latter, then let your labor board know of your employer's violation of the ovetime law.


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