Most workers in the United States are entitled to overtime pay. The FLSA identifies employees who perform certain kinds of work as exempt from the overtime laws.  Some general rules regarding exemptions, or exclusions, from the FLSA are explained below:

All employees are entitled to overtime pay; unless they are specifically exempted;

The employer must prove that an employee is not entitled to overtime pay, not the other way around;

Overtime pay may be required and owed even if an employee is paid a salary, or is paid on a piece rate, commission, or day rate basis;

The employee’s actual job duties, not job title, govern whether an employee is entitled to overtime.  Job titles like “assistant manager” or “supervisor” mean nothing.  Sometimes important-sounding titles are given to employees just so employees believe they are not entitled to overtime. To determine whether an employee is entitled to overtime pay, an employee’s actual job duties must be examined;

Even if an employee is exempt from the overtime pay requirements of the FLSA, such exemptions are typically applied only on a workweek basis.  That means that regardless of an employee’s exempt status during most of the year, if an employee performs non-exempt job duties during an individual workweek, he or she may be entitled to overtime for that work week.

Finally, whether an employee falls within an exemption, or an exclusion, to the overtime laws is narrowly construed against the employer.  In most cases where there is a reasonable doubt whether an exemption applies, the employee receives overtime compensation.

Questions? Contact a Chicago overtime pay lawyer at Werman Law Office, P.C.