When it comes to working overtime, many people aren’t entirely clear about the laws. This is particularly true when it comes to a salaried employees. Don’t assume that just because you’re paid a salary you’re exempt from overtime eligibility. Here’s a breakdown of 10 facts that any employee in Washington State would be wise to know.
1. Overtime is defined as time worked that exceeds the normal 40 hour work week.
2. Overtime pay is one and one half times your normal hourly rate.
3. There are some exclusions to overtime requirements. Check federal and state laws to find out if they apply to your case.
4. Being paid salary does not necessarily mean that you are excluded from overtime.
5. Overtime for salaried employees is calculated by determining the average hourly rate of pay.
6. If you are requesting pay stubs or time cards to calculate your wage, you should not need to disclose why to your human resources and payroll personnel.
7. There is no limit to the number of hours your employer can require you to work.
8. Employers cannot reach an agreement with their employees where employees waive their right to overtime. It is acceptable to be compensated in the form of time off.
9. Tips and gratuity are not included when calculating overtime.
10. The law does not require employers to provide any sort of holiday pay.
So, what do you do if you think you may be owed wages for overtime you’ve worked? Validate your contention that you’ve worked in excess of 40 hours with proof. The most to the point method to do this is to gather documents that show your hours worked — I.E. time cards or pay stubs. If you don’t have access to this information, you’ll need to figure out another way to undoubtably prove that you have worked these hours. An experienced attorney should be able to evaluate your circumstances and determine if you have a case.
Jason at premier law group is truly an outstanding individual. Our particular case was not something that their firm usually sees but they were more than willing to help us and give us all of the information they had available. I can't recommend them enough.