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Your Rights to Overtime Pay
by: Employment Law Task Force
Q.

When do I have a right to overtime pay?

A.If you are a worker covered by the federal Fair Labor Standards Act (beginning at 29 U.S.Code 207), then your employer must pay you time and a half (1 1/2 your regular rate of pay) for time worked over 40 hours in a workweek.  A workweek can begin on any day of the week.
Q.How do I know if I am covered by this federal law?
A.

The federal Fair Labor Standards Act (FLSA) covers many employees in Louisiana, but there are some exceptions.  Some employees who are usually exempt are executives, administrators and professionals; workers at some seasonal amusement and recreational facilities; some farm workers; newspaper deliverers; casual babysitters; sitters for the elderly and infirm.  This is just to give you a general idea of some possible exceptions.  There are more.

For more information about the Act's rules and most common exemptions, click on the U.S. Department of Labor website links listed below.  You can also contact the Wage & Hour Division of the U.S. Department of Labor at its New Orleans District Office, 701 Loyola Avenue, Room 13028, New Orleans, LA  70113; telephone:  (504) 589-6171. 

The law is complicated.  There are a number of factors which are considered to decide if someone is entitled to overtime pay.  The laws or definitions you see on the U.S. Department of Labor website may seem clear, but a court or agency may have decided the words mean something different from what you expect.  If you think you have a claim for overtime pay, talk with the Department of Labor or an experienced attorney as soon as possible.

Links:  Common Exemptions from Overtime Pay under FLSA
   Fact Sheet on Overtime Pay under FLSA
Q.What do I do if my employer refuses to pay me for overtime hours?
A.You can contact the Wage & Hour Division of the U.S. Department of Labor at its New Orleans District Office, 701 Loyola Avenue, Room 13028, New Orleans, LA  70113; telephone:  (504) 589-6171.  You can also consult a lawyer.  If you think you are entitled to overtime pay, it is best to act as quickly as possible to protect your rights.
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Last Reviewed On: 10/06/03
 

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