Overtime Pay

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The Fair Labor Standards Act requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances in certain professions, such as police officers, firefighters and employees of hospitals and nursing homes. Some employees are also considered to be exempt from the overtime laws based on their work duties, salary, and other factors. Common exemptions cover administrative, professional and executive employees. However, meeting the test of exemption can sometimes be tricky, and the law tends to greatly favor the employee. An employer cannot simply label an employee “exempt” and pay him or her a salary in order to avoid the overtime requirements if the employee doesn't meet the legal requirements for such status. If you've worked overtime and think you may be have been incorrectly classified as an exempt worker, contact an attorney for more information about your legal rights.

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