If I work a full-time job for over 40 hours a week, can my employer not pay me overtime?

Asked on December 10, 2015 under Employment Labor Law, Virginia


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

Answered 5 years ago | Contributor

Are you an exempt or non-exempt employee? In other words, are you exempt from overtime laws (i.e. don't qualify for OT) or are you non-exempt (i.e. must be paid time and a half for all hours worked over 40 in a week). Basically, a good rule of thumb is that if your are paid hourly, you are eligible for OT; this is not a hard and fast rule but generally this is the case. Also, if you are in a non-supervisory position, are a not a professsional (e.g. doctor, lawyer, etc.) , are under the supervision and control of another, etc, then you are non-exempt and entitled to overtime compensation.
At this point you can check with your state department of labot or the US Dept of labor; their websites will provide further information regarding all of this.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.