If I work for a small company over 40 hours a week but do not get overtime pay, is that illegal?

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If I work for a small company over 40 hours a week but do not get overtime pay, is that illegal?

I’ve been at my job for almost 10 years and I recently asked my boss why I do not get paid overtime. He said because I pay you for drive time but the company is a mobile company. Can he get away with not paying me overtime?

Asked on October 27, 2018 under Employment Labor Law, Maryland

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If the company has annual gross revenues of at least $500k OR works in "interstate commerce"--their services cross state lines, or they use materials, supplies, vendors, inventory, services, etc. from out of state (and almost all companies do; very few businesses are 100% in one state only)--then they have to pay you overtime unless you are "exempt" from overtime. You are only exempt if you 1) earn a salary of at least $455/week; and 2) meet at least one of the overtime "exemptions" which you can find on the U.S. Dept. of Labor website (look these up and compare to your job duties and authority). Note that all hourly employees must be paid overtime.
If based  on the above, you feel you should be earning overtime (company is covered under the law due to size or being in interstate commerce; you are not exempt), contact the department of labor about filing an overtime claim for back (up to 2 years) overtime owed you.


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