If you work in the private sector and are salaried at less than $47,476 a year, you are now eligible for overtime pay. This new federal overtime rule modifies the existing Fair Labor Standards Act to eliminate exceptions for executive, administrative, and other professional employees, requiring companies to pay time and a half for all hours worked over 40 in a workweek. The new rule went into effect on December 1st, 2016 and, as kinks are worked out by private companies, overtime violations may see a temporary spike. If you have been cheated out of the overtime pay you are entitled following the passage of this rule, please call (877) 905-5161 to schedule a free consultation with our experienced attorneys.
Key Provisions of the New Overtime Rule
Key provisions of the new federal overtime regulations include:
- Standard salary rate to be eligible for overtime is now $913 a week
- Total annual compensation requirement for highly compensated employees (HCEs) is now $134,004 a year
- Starting on January 1st, 2020, automatic updates to these thresholds will be increased every three years
This long-awaited update to overtime regulations extends benefits to more than 4 million U.S. workers at a time when extra money is often needed most. If your company has found creative work-arounds to cheat you out of the compensation you are now entitled to, our overtime violation lawyers are prepared to fight for your rights and help you get the money you are owed.
White Collar Exemptions
Doctors, teachers, and attorneys are among the white collar professionals not eligible for overtime pay. Qualifications for exemptions include:
- Being paid a fixed salary that cannot be reduced due to performance issues
- Being paid more than $47,476 annually
- Performing primarily executive or administrative duties
Unless these exemptions are met, all employees are covered by the FLSA and entitled to 1.5x their hourly wage for all hours worked over 40 in a single week. Some exceptions may be made for employees who are paid biweekly so long as hours do not exceed 80 in the pay period. However, even this may be a misuse of exemptions and give you cause to file suit.
The best way to learn if you are eligible for additional compensation is through a one-on-one consultation with one of our dedicated attorneys. Please use our online contact form or call us at (877) 905-5161 to schedule a free consultation and learn more. Markoff Leinberger is a consumer protection law firm located in Chicago, Illinois. We welcome clients facing overtime violations from all areas of the country.