Question

Should I Be Getting Overtime At My Job In Louisiana?

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Philip Bohrer - Class Action/Mass Torts - Super Lawyers

Answered by: Philip Bohrer

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According to federal law, almost all hourly workers should receive overtime if they work more than 40 hours per week. In fact, some salaried workers are eligible for overtime as well, since their employers intentionally misclassify them to avoid paying them more. Other workers who are paid a day rate, a piece rate, by the job, or by products completed may be also be eligible. To know for sure, you’ll need an analysis by an experienced Louisiana and national employment attorney.

Almost All Hourly Employees Are Eligible For Overtime

With very few exceptions, anyone who is paid by the hour and works more than 40 hours in a week should receive overtime pay, which federal law sets at one and a half times their normal rate. If you’re paid hourly and routinely work more than 40 hours a week without overtime, your employer may owe you back pay.

Some Salaried Employees Are Eligible For Overtime

One of the ways that employers try to get out of paying overtime is by misclassifying their employees. Sometimes an employer will give their workers a salary and then claim that they aren’t eligible for overtime pay. However, just because you receive a salary doesn’t mean that you can’t get overtime. Only certain salaried jobs are exempt from overtime requirements. Your job title doesn’t determine whether you’re eligible for overtime. Here are some questions to consider:

  • Can you hire or fire people?
  • Do you review people’s job performance?
  • Are you a supervisor?
  • Are you involved in managerial decisions?

If the answer to any of the above questions is “no,” then you may be eligible to receive overtime even as a salaried worker.

Independent Contractors May Be Eligible For Overtime

Another common way that employers misclassify their employees to dodge overtime requirements is by classifying them as independent contractors when actually they’re employees. This is especially common in the construction, petrochemical, manufacturing, and oil and gas industries. To determine whether you’re an employee or a contractor, consider these questions:

  • Do you set your own hours?
  • Do you set your own pay rate?
  • Are you in control of when and how to do your work?

If you answered “no” to one or more of these questions, then the law may consider you to be an actual employee, and thus eligible to receive overtime pay.

Most Home Health Care Workers Must Be Paid Overtime

If you are a home health care worker and provide companionship or other services in a private home, group home, or other facility, you must be paid overtime. You also must be paid for travel time between client locations. This applies whether you are paid hourly, a day rate, or as an independent contractor.

An Employment Attorney Has The Answers You Need

Employment law is a specialized and technical area, and the right answer isn’t always obvious at first. However, by asking the right questions and gathering evidence, an experienced employment law attorney can shed light on your situation and help you recover the back pay you’re owed. When it comes to overtime, employers often try to evade their responsibility. With a seasoned attorney at your side, they won’t be able to.

Disclaimer: The answer is intended to be for informational purposes only. It should not be relied on as legal advice, nor construed as a form of attorney-client relationship.

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