Advantage Advocates

Unpaid Overtime

Unpaid Overtime

If you are a non-exempt employee (or misclassified as exempt or as an independent contractor), you are entitled to payment of one and one-half times your regular rate of pay for all hours worked over 8 hours in a workday and over 40 hours in a workweek, up to and including 12 hours in any work day, and the first 8 hours worked on the seventh consecutive day of work in a workweek. When you work more than 12 hours in a day, or more than 8 hours on the seventh consecutive day of the workweek, you are entitled to be paid double time, which is twice the amount of your regular rate of pay.

Employers often calculate the regular rate of pay incorrectly by calculating overtime pay based on the regular hourly wage and excluding other types of pay such as commissions, on-call pay, non-discretionary bonuses, and shift differentials, which must be included in the regular rate.

Enforce your rights.

Protect your livelihood.