Overtime laws regulate and determine overtime pay for hourly employees. These laws exist to ensure that hard-working employees receive the pay they deserve. In Tennessee, overtime is regulated by federal laws. These laws are known as the Fair Labor Standards Act (FLSA). Learn more about overtime laws, including exemptions to these laws.
According to the FLSA, overtime pay must be equal to 1.5 time the worker’s regular hourly pay. Also known as time-and-a-half, overtime pay must be paid when an hourly employee works more than 40 hours in a week. A worker can work more than 8 hours in a day without becoming eligible for overtime, but they become eligible after working 40 hours in a 1-week period. There are exemptions to overtime laws, however.
There are exemptions to overtime law, however. Specific careers and positions can make hourly employees ineligible for overtime pay. These situations include:
- Domestic or “live-in” workers, though it is expected that they receive compensation in other forms, such as lodging.
- Professionals, executives, and sales persons who set their own hours.
- Professionals making more than $455 per week.
- Emergency workers who are on-call.
- Independent contractors who are hired for a project.
Minors are exempt from overtime laws because they are forbidden from working enough hours to earn overtime. During the school year, minors may only work up to 18 hours per week. Over summer or other breaks, minors may only work up to 40 hours. They are not allowed to exceed more than 40 hours, and thus cannot work overtime hours to earn overtime pay.
Under federal overtime law, independent contractors do not need to be paid overtime pay. They are, however, obligated to pay their employees overtime pay. Employees of an independent contractor are exempt from receiving overtime if they are an immediate relative of the independent contractor.
Some workers, such as emergency workers, law enforcement, and other positions with on-call duties may be eligible for overtime pay for some working hours, while ineligible for others. Generally, hours spent on-call do not count as working hours, and are not figured into the amount of hours worked per week to determine overtime pay. These hours must be compensated if the employee is spending on-call hours on premises or under company supervision. If the employee is free to do as they please while on-call, they do not need to be compensated.
Are You Not Receiving Overtime Pay?
If you are an hourly worker who has worked more than 40 hours in a week, you deserve to be paid overtime. Your checks should reflect your increased pay, but if they do not, you employer may be in violation of overtime pay laws. Don’t hesitate to get in touch with our Memphis employment lawyers if you suspect you are not being paid correctly for overtime hours.
At Donati Law, PLLC, we are committed to protecting the rights of employees. We have more than a century of collective experience to fight for you. Our attorneys believe in personalized client service and strong communication to build a basis of trust. Let us help with your overtime claim.
Contact our firm to request a consultation by calling (901) 209-5500.