Are there any loopholes on overtime pay?

UPDATED: Jul 13, 2012

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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


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

Answered 10 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.

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 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.

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