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Am I Getting Paid Fairly?

Overtime Facts - Am I Getting Paid Fairly?

Both employers and employees have a severe lack of knowledge in the area of overtime hours and proper rate of pay.

Under the federal Fair Labor Standards Act (FLSA) employers are required to pay their nonexempt employees an overtime rate of 1.5 times their regular rate of pay for hours worked over 40 in a work week.

Proper Rate of Overtime Pay

An example of nonexempt employees receiving the proper overtime rate of pay could be:

  • Regular rate of pay = $10/hour
  • Total hours worked in a single work week = 50 hours
  • Overtime hours = 10 hours (number of hours over 40)
  • Overtime pay = $150 (10 overtime hours x $15/hour overtime pay)
  • Total weekly pay = $550 ($400 regular hours + $150 overtime hours)


Although this could be an example of an employee receiving proper rate of pay on their overtime hours, there are several factors that could influence the base bay of an employee. Things such as sales bonuses, commissions, travel bonuses, etc. could mean that your base pay ($10 in the above example) would be higher after any extra pay is factored in.

Overtime Facts from Attorney Scott Perlmuter

Contact a Reliable Wage and Hour Attorney

Overtime and proper rate of pay are complex subjects. Many employers are not knowledgable about the topic, causing them to underpay employees and refuse compensation for wages earned.

To find out if you have an overtime case against your employer, fill out our online contact form or call (216)-285-9991 for a free, no obligation consultation from one of our wage and hour attorneys.

Feel free to also visit our website specifically dedicated to wage and hour violations by visiting