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HomePractice AreasEmployment LawUnpaid Wages & OvertimeFederal vs. State Overtime Laws

Understanding the Difference & Protecting Your Rights

Overtime laws can be complicated and difficult to understand, often because both federal and state laws apply – each with differing requirements and standards. While the federal Fair Labor Standards Act (FLSA) offers protections for workers, many states have additional statutes. As a result, protections differ from state to state.

At Bohrer Brady, LLC, we have extensive experience in federal and state overtime laws. We leverage this deep knowledge to fight for the fair treatment of employees. You have the right to recover compensation for unpaid overtime, and we’ll help you every step of the way.

Contact our unpaid overtime attorneys today to schedule a free consultation.

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To discuss your situation, contact our employment law attorneys online or call us toll-free at 1-800-876-3911.

Overview of Federal Overtime Laws

Federal overtime laws establish the minimum requirements for overtime pay and other employee rights. These standards are essential for protecting employees against wage violations and ensuring that non-exempt workers receive fair compensation for every hour worked over 40 in a given workweek.

Fair Labor Standards Act (FLSA) Overview

The FLSA, enacted in 1938, is a federal law that sets the standards for minimum wage, overtime pay, recordkeeping, and youth employment standards. Under FLSA overtime regulations, eligible employees who work more than 40 hours in a workweek must be paid at least one and a half times their regular pay rate. This federal law protects employee rights across the United States, setting a foundation for fair compensation practices.

Who is Covered Under Federal Overtime Laws?

Federal overtime laws primarily cover “non-exempt” employees, including hourly workers and some salaried positions, thus ensuring they receive overtime pay. Executives, administrators, professionals, and outside sales employees are often “exempt” and are, therefore, not eligible for overtime under the FLSA. However, you must assess the employee’s duties and not just their titles to determine whether they are truly exempt.

At Bohrer Brady, we look at your job duties and responsibilities when protecting your rights. Your job title shouldn’t dictate whether you’re exempt or non-exempt under the FLSA.

Federal Enforcement & Penalties

While the U.S. Department of Labor (DOL) has the authority to investigate violations and require employers to compensate employees for unpaid overtime, employees can also take legal action to recover their owed wages with the assistance of a qualified employment law attorney. Often, the DOL does not recover penalties in order to work out a settlement. In a private civil action, employees are able to recover penalties unless the employer has a good faith excuse for not paying the wages timely.

State Overtime Laws Overview

While federal laws set foundational standards, state overtime laws often provide additional protections, which can cause variations from one area to the next. Understandably, this can lead to some confusion regarding your rights.

States established unpaid overtime laws to address their workforce’s needs, which can sometimes result in more favorable terms for employees. These regulations affect workers’ rights and may include unique provisions for overtime pay, thus providing another layer of protection against unpaid overtime violations.

Why State Laws May Differ from Federal Standards

States have the authority to establish their own overtime laws to meet local workforce needs. Many states enhance employee protections by expanding eligibility for overtime pay or increasing minimum wage requirements. For example, some states require daily overtime pay for hours worked beyond a specific limit each day, offering more protection than the federal law provides.

State Overtime Law Variations

State overtime regulations can vary greatly. For instance, California requires daily overtime pay for work exceeding eight hours in a day and weekly overtime for hours over 40. Other states, such as Alaska and Nevada, also have unique overtime laws.

Understanding these variations and knowing the specific regulations in each state is essential for employees to protect their rights. The unpaid wage attorneys of Bohrer Brady, LLC, can help.

Key Differences in Federal vs. State Overtime Laws

Differences in overtime laws can significantly impact an employee’s eligibility for unpaid wages and the amount they may receive. Variations often relate to overtime calculations, exemption status, and violation enforcement.

Overtime Calculation Differences

Federal overtime calculations are usually straightforward, with employees entitled to 1.5 times their regular rate when they work more than 40 hours in a workweek. However, some states use a daily threshold instead, which requires overtime pay when an employee works beyond a set number of hours each day. This difference can lead to higher overtime pay for workers in certain states.

Exemptions & Employee Classifications

State laws often have unique employee classifications that differ from federal exemptions. For example, some states limit the number of exempt jobs, which increases eligibility, allowing more employees to qualify for overtime pay. Understanding these classifications is essential for both employers and employees to ensure compliance and avoid wage disputes.

Penalties & Enforcement

Federal and state agencies enforce overtime laws, each with varying degrees of penalties for employers who fail to comply. While the DOL enforces federal regulations, state agencies are responsible for ensuring employers adhere to them. In many cases, state penalties for wage violations are stricter than federal penalties as a deterrent to protect against unpaid overtime practices.

What to Do if Your Rights Are Violated

Understanding and defending your overtime rights can be challenging, especially with the complexities of differing federal and state regulations. Learning to recognize the signs of an

overtime violation and knowing when to seek legal assistance are critical steps in protecting your rights.

Identifying Overtime Violations

Common signs of an overtime violation include working beyond 40 hours in a workweek without receiving overtime pay, misclassification, or employers refusing to compensate for additional hours. Track your hours and pay to ensure your employer complies with overtime laws.

Seeking Legal Help

If you suspect a wage and hour law violation, Bohrer Brady can help you navigate the complexities of your unique situation, whatever state you live in. With extensive experience recovering unpaid wages, our attorneys will protect your rights. We’ll work with you to understand your case and explore options for recovering the wages you’ve earned.

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If you believe your rights have been violated, contact Bohrer Brady today for a free consultation. Our legal team is here to provide the guidance and support you need to understand and protect you.

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Why Choose Bohrer Brady, LLC for Your Overtime Dispute

At Bohrer Brady, LLC, we have over 69 years of combined experience successfully representing employees in unpaid overtime disputes. As trusted overtime law attorneys, we understand the complexities of both federal and state overtime laws, and we work diligently to protect workers’ rights. We know how frustrating it can be to deal with unpaid overtime, and we’ll fight for fair compensation.

Experience & Success Stories

Our firm has a proven track record in handling unpaid overtime cases. As employment lawyers with extensive knowledge of wage and hour laws, we’ve helped numerous clients recover the wages they are owed. Our experience allows us to handle even the most challenging overtime cases effectively.

Commitment to Client Rights

At Bohrer Brady, we treat every client with respect and dedication. We put your needs first, ensuring you have a strong advocate on your side. As your unpaid overtime attorneys, we’re here to provide reliable support and secure the best possible outcome for your case.

Protect Your Right to Fair Wages

Your right to fair compensation is essential, and understanding overtime laws is vital to ensuring you receive pay for all the hours you’ve worked over 40 in a workweek. If you believe you’re a victim of unpaid overtime, take action immediately.

We offer free, no-obligation consultations to review your case, discuss your options, and help you take the first steps toward recovering what you’re owed. Don’t let unpaid wages go unaddressed—schedule a consultation today, and let us help you protect your overtime rights.

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