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Overtime Legislation

Overtime legislation was passed in August of 2004 to amend the original provisions contained within the Fair Labor Standards Act of 1938. The original overtime legislation provided the general structure of the overtime regulations that exist today. The overtime legislation that was enacted in the Fair Labor Standards act was passed in a time where the labor landscape of our nation looked much different than it does today. Recent amendments to overtime legislation intend to clarify who is covered by overtime law and who is exempt. Recent overtime legislation has also extended overtime rights to people who were previously not protected by these regulations.

Overtime legislation provides that certain employees are to receive overtime pay. Overtime pay is “time and a half” the amount of pay that one normally receives for any time spent working beyond forty hours a week. This is the minimum established by overtime legislation. Employers can offer greater compensation for overtime hours at their own discretion.

New Overtime Legislations

Before the recent overtime legislation was passed, a person who was making more than $250 per hour might not have been eligible for overtime pay. Now overtime legislation states that anyone making less than $455 per week or less than $23,660 annually is eligible for overtime pay. This new overtime legislation extended overtime rights to more than one million lower wage workers in the United States that were not covered by previous overtime legislation. In 2003 alone this figure equated to the awarding of almost forty million dollars to low income workers who were unlawfully denied overtime wages.

Overtime regulations also extends benefits to certain types of employees regardless of income. Medical and emergency first responders are guaranteed overtime protection under new overtime legislation. Public service professionals and law enforcement officers are also afforded overtime rights irrespective of income. Blue collar workers whose duties include physical labor are also protected by overtime legislation.

New overtime legislation was also enacted in order to clarify who was not covered by overtime regulations. Outside sales professionals and some computer people are not eligible for overtime pay as mandated by overtime legislation. People employed in an executive, administrative, or professional capacity are also not eligible for overtime benefits under the current overtime legislation.

Legal Rights for Overtime Workers Compensation

The provisions and regulations conveyed though overtime legislation are enforced by the US Department of Labors Employee Standards Administration Wage and Hour division. This agency investigates reports made by employees whose employers have unlawfully denied overtime benefits. Overtime legislation also provides that this agency be responsible for prosecuting these violators so that the victims can receive the back pay they are legally entitled to receive. In 2003 alone, this federal agency helped to collect over 200 million dollars worth of back wages for employees.

Contact a Workers Compensation Lawyer

If you have been denied overtime wages contact a workers compensation attorney today. There are workers compensation laws that help protect workers' rights, contact us today and we'll connect you with an experience attorney in your area who will fight for your rights.

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