Recent changes to the U.S. Department of Labor’s overtime rules means that more workers are eligible to receive overtime pay. According to the U.S. Department of Labor’s Wage and Hour Division, changes to the overtime rules will result in 1.3 million more American workers eligible to receive overtime pay. The new rule changes the earnings thresholds that employers must pay their workers in order to consider them exempt from receiving overtime pay. The major changes reported by the U.S. Department of Labor include:
- Changes in standard salary required to exempt a worker from receiving overtime pay. Workers must now be paid at least $684 per week ($35,568 per year) in order to be exempt from receiving overtime pay. This reflects an increase in the minimum salary employers must pay their workers.
- In order for an employee to be considered a highly-compensated employee, they must make at least $107,432 per year. However, employers are permitted to count bonuses toward at least 10% of a person’s counted salary.
Under the Fair Labor Standards Act, workers who are not exempt from overtime pay must be paid time and a half for every hour they work over a 40-hour workweek. There are certain important exemptions to this rule. If you work over 40 hours a week and don’t receive overtime pay, should you have received time and a half for your overtime work? The new changes apply beginning on January 1, 2020. So, starting this year, some workers who were previously not entitled to overtime pay will now be entitled to receive overtime for the extra hours they work each week above a 40 hour workweek.
Sometimes employers might not pay workers overtime for a number of reasons. They may misclassify some workers as exempt. Or, they may misclassify employees. If you have not been paid for overtime and have questions about whether you might be entitled to time and a half, Moore & Associates is an employment law firm in Houston, Texas that may be able to assist you. Our firm can review your job description, job title, and review the hours you worked to determine whether you have a case. If you have a case, you may have the right to seek pay for the overtime you worked.
More Administrative, Executive, Computer, and Outside Sales Salary Employees May Be Entitled to Overtime Pay
Certain workers are exempt from receiving overtime pay in certain circumstances. For example, certain administrative, executive, computer, and outside sales employees who receive a salary are, in some cases, exempt from overtime pay. Under the new rule, however, the salary cutoff for some workers has changed. For example, executive, administrative, professional, computer, and outside sales employees who are paid on a salary basis and who have certain specific duties associated with their job titles may be exempt from overtime pay. Now, under the new rule, these workers, must be paid more in order to be considered exempt. Formerly, these workers had to be paid at least $455 per week. Now, these workers must be paid at least $684 per week to be considered exempt. If you make less than $684 per week, and work more than 40 hours per week, you may see an increase in your pay for the overtime you work.
Have you not been receiving overtime? Are you an administrative, professional, computer or outside sales employee making a salary less than $35,568 per year? If you are making less than this amount and are working in these fields, and have not been paid overtime after January 1, 2020, you may have the right to seek backpay for these overtime hours worked. Think you might be owed overtime? Is your employer claiming you are exempt, but you believe you are not exempt? The laws regarding exemption can be technical. Consider reaching out to Moore & Associates, an employment law firm in Houston, Texas today. Our attorney can evaluate your situation and help you understand your rights.
Highly-Compensated Workers May Be Entitled to Receive Overtime Pay
Some highly-compensated workers were considered exempt from overtime pay because of their salaries. Now, those salary exemption requirements have been increased. In order to be considered a highly-compensated worker, you must be earning at least $107,432 per year. Your employer may be able to count a certain percentage of your yearly bonus to this salary amount. This means that if you are making less than this amount, you may be entitled to seek time and a half for overtime you’ve worked.
Have questions about your rights for overtime pay? Need help seeking backpay from your employer? The employment lawyers at Moore & Associates in Houston, Texas may be able to help you. Contact our attorney today or reach out to USAttorneys.com to get connected to one of our employment lawyers today.
