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

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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

Answers:

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.


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