Federal Laws that Protect the Rights of Non-exempt Employees to Overtime Work and Pay

Federal Laws that Protect the Rights of Non-exempt Employees to Overtime Work and Pay

Jun 21

Federal and state laws protecting the rights of millions of employees all across America are in full implementation, making them more than enough to rid workplaces of unfair labor practices. Two federal laws that were enacted to safeguard employees’ rights were the Fair Labor Standards Act of 1938 and the Portal-to-Portal Act. The first, also called the Wages and Hours Bill, is a federal law that gives directives on the national minimum wage, on the allowable amount of work hours per week, on how much pay employees ought to receive for overtime work and on child labor; the second, or the Portal-to-Portal Act, passed into law in 1947, states that any work performed for the employer’s benefit, regardless of time, should be taken as work time deserving compensation.

Despite these laws many unscrupulous employers continue to find ways to treat employees unjustly, with many of them even getting away with their unjust practices. Fear of losing their employment is among the major reasons why affected employees choose to be silent rather than complain against employers. One unlawful labor practice most frequently suffered by so many employees is denial of pay for overtime work rendered.

Not all employees can render overtime work, though, but those who are qualified to do so, also known as non-exempt employees, ought to receive overtime pay for all hours worked in excess to the required 40 hours work per week. And their pay, as the law orders, should be equivalent to 150 percent of their hourly rate (or time and a half). Exempt employees, or those who cannot render overtime, include executives, administrators, professionals, certain farm and agricultural workers, housekeepers, some transportation workers, external salespeople and independent contractors.

Regardless of the type of employment you have, full-time, part-time, temporary, salaried or hourly employee, in a private or public firm, so long as you are non-exempt, then you can earn overtime and ought to receive the pay that you deserve.


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