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How Overtime and Minimum Wage Laws Can Affect You

Weekly Time sheet

Employees. Contractors. Freelancers. The “gig” economy. Second Acts. There are a lot of terms that describe today’s employer/employee relationships. And there are a number of different ways that workers are compensated in the ever-evolving digital and “brick and mortar” economy.

But even if you may be working under a different arrangement with an organization than the traditional employment contract, employment laws—particularly those defining minimum wages and overtime pay—may still apply to you. 

There are a number of employees who may be entitled to overtime and other supplemental pay and not even realize it. 

How do you know for sure?

Here’s what the law states: The Fair Labor Standards Act (FLSA) requires employers to pay certain employees at least the federal minimum wage and certain employees overtime premiums when they work over 40 hours in a workweek. 

But the law goes further, establishing categories for workers: “exempt” and “non-exempt.” An exempt worker’s status means that the employer is typically not required to pay overtime. Often, this relates to salaried employees or independent contractors that work with a company but are not direct employees. 

However, this isn’t always true. There ARE instances where a salaried employee is entitled to overtime compensation. And there are cases where those classified as  independent contractors are eligible for overtime when their workload exceeds a defined number of hours within a defined timeframe. 

This can become even more complicated if an employee works across state lines, or the employing company is subject to multiple state laws.

An employment law attorney can help determine your work situation and status and if you may be entitled to additional compensation. Gardner Law Firm offers consultations to determine if you may be entitled to overtime pay or if you are a victim of retaliation for complaining about your proper payment of wages under the FLSA.

To schedule a consultation, click here.

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