Know Your Rights: Can I Get Paid Working Additional time?

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Know Your Rights: Can I Get Paid Working Additional time?

It’s attending to the top of the day–the second you’ve been ready for all day to go away work. Then, one thing surprising occurs–an emergency, a deadline that wasn’t met or an annoying buyer. Earlier than you understand it, you’ve stayed on longer than it’s best to. And for some individuals, this can be a each day incidence. However what does this imply if you’re a non-exempt employee?

Virtually half of Individuals work greater than 50 hours every week. When you think about that the common working hours is lower than 30 hours every week in international locations like France, Denmark, the Netherlands and Germany, you notice how overworked the common American have to be. So it’s much more necessary to know whether or not you need to be getting paid for these further hours or not.

The Honest Labor Requirements Act (FLSA) states that workers must be categorized as exempt or non-exempt. Essentially the most important distinction is the problem of being entitled to additional time pay.

Non-exempt employees have to be paid additional time.

A non exempt worker, because the title suggests, is just not exempt from the FLSA guidelines. They have to be paid no less than the minimal hourly fee.

In the event that they work greater than 40-hours every week, they have to be paid additional time on the fee of not lower than 1.5 occasions their hourly fee for every hour. The present federal minimal wage is $7.25 per hour however some states supply a better minimal hourly fee.


  • You might be entitled to additional time charges.
  • You’ve got the choice to earn extra money (if you want) by opting to work additional time.


  • You stand to lose cash in case your hours ever lowered.
  • Relying on the corporate, you might not have the identical advantages and perks as an exempt employee.

Exempt employees are usually not entitled to additional time pay.

An exempt worker have to be paid a wage (versus an hourly fee), which suggests they won’t be entitled to additional time pay. These employees obtain above minimal wage charges and should earn no less than $455 every week so as to meet the brink set by the FLSA.

They have an inclination to work within the capability of an government, administrative, skilled or typically gross sales.

In November 2016, a federal choose issued an injunction to cease a brand new rule by that might have elevated the exempt wage threshold from $23,600 a yr to $47,476 a yr. However in keeping with the Society for Human Useful resource Administration,

“For now, the additional time rule won’t take impact as deliberate Dec. 1 [2016], however it may nonetheless be carried out later down the street.”


  • You’ve got a dependable and glued earnings month-to-month.
  • You typically earn extra based mostly on a wage than those that receives a commission an hourly fee.
  • You typically have extra entry to raised advantages and perks.


  • You aren’t entitled to additional time charges.
  • You will have to work for much longer hours so as to meet your workload.

Know your rights and be a wise worker.

Now that you simply perceive the distinction between non-exempt and exempt workers, time to judge your work and know whenever you’re entitled to receives a commission.

1. Pay attention to the “clock out and in” system.

For those who work on a “clock out and in” system, guarantee that you’re being paid for all of the hours you’re employed. For example, some employers could drive employees to clock out for lunch even when they work by their lunch, or clock out after they find yourself staying later.

2. Beginning early may imply working additional time too.

Some employers could ask you to start out early so that there’s time to place your uniform on or to attend conferences or trainings, and many others. If this occurs and you’re employed on a clock system, you might be entitled to receives a commission for that point.

three. Keep up-to-date with wage insurance policies.

The Division of Labor, with the assist of many Congress members, is attempting to attraction the injunction to alter the legislation for the exempt wage threshold. Examine their web site to remain up-to-date with any developments.

When you have any doubts about your exempt or non-exempt rights, or really feel you aren’t being handled pretty, contact the Department of Labor.

Featured photograph credit score: Flaticon via

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