How Do I Know if I Am Entitled to Overtime?
The U.S. Fair Labor Standards Act (FLSA) governs overtime pay requirements for most Washington, D.C. employees. Under this act, non-exempt employees will earn at least one and a half times their usual pay rate for any hours more than 40 that they work in a week.
If you need clarification on whether you earned overtime pay in Washington, D.C., here are a few things you should consider.
There is a daily and weekly overtime limit in Washington, D.C. Employees cannot exceed eight hours of overtime pay in a single day. They also cannot exceed 40 hours of overtime pay in a single week. D.C.’s overtime minimum wage is $24.75 per hour, one and one-half times the District’s current minimum wage, which is set at $16.50 per hour. Exempt employees are paid a salary and are not eligible for overtime.
It is crucial, if you are a non-exempt employee, to keep track of all the hours you worked and make note of when you worked overtime on any given day. This way, if your employer denies you the overtime pay you rightfully earned and deserve, you will have concrete evidence to challenge the employer’s assertions.
What Are Some Facts About Overtime Laws I Should Know?
Executive, administrative, and other professional employees who meet specific job and income requirements are exempt from overtime pay. Suppose you make at least $684 weekly on a salaried basis, so $35,568 per year or more, in Washington, D.C. In that case, you might be exempt from overtime pay laws. It’s important to note that Washington, D.C., laws differ slightly from federal law, so it’s important that you consult with an attorney to determine your specific rights.
Some common types of employees exempt from overtime pay laws include:
- Computer or IT personnel
- Outside Salespeople
- Private household workers living on the premises of their employer
- Retail or service establishment workers making at least $24.75 per hour, or if the majority of their compensation comes from commissions on goods and services
- Railroad workers
- Parking lot or parking garage attendants
- Newspaper delivery jobs
- Air carrier employees with certain work benefits
- Salespeople, parts salespeople, or mechanics, not affiliated with any manufacturer, that independently service and sell vehicles
- Lay members of religious organizations engaged in religious functions
- Volunteers participating in educational, charitable, religious, or nonprofit organization activities without any expectation of payment
- “Casual” babysitters, employed irregularly and intermittently, who are not professional babysitters
Reasons You Might Need an Employment Lawyer
You might believe you’ve earned overtime as a non-exempt employee, but your employer fails to pay you or unlawfully denies your payment. Your employer may even misclassify you as an exempt employee in an attempt not to pay you overtime. In either of these cases, you can file a complaint with the Washington, D.C., Department of Employment Services. You can also consult an attorney specializing in employment law to discuss your legal options.
The employment lawyers at The Vaughn Law Firm could provide comprehensive legal guidance. We could help you with unpaid overtime or FLSA misclassification claims. We bring a deep knowledge of the many important aspects of employment law to each case. We will dedicate ourselves to pursuing the overtime pay you’ve earned from your employer.
With our years of combined experience, we at The Vaughn Law Firm proudly serve the people of Washington, D.C., by striving tirelessly to help them find justice and achieve the fair compensation they deserve. Let us get to work for you. Call us today at 877-615-9495.