Employees are Generally Entitled to Overtime Pay

Are you paid a day-rate or paid a salary and putting in long hours but not receiving overtime pay? Don’t be fooled! Just because you are paid a day-rate or a salary doesn’t automatically mean you’re exempt from overtime pay. Under federal law, the general rules is that employees must be paid overtime—an overtime premium—for all hours worked over 40 hours each week. In fact, the United States Supreme Court just confirmed that employees are entitled to overtime pay, even if the employee is paid-by-the-day and is highly compensated.

Supreme Court Confirms Paid-By-the-Day Employees are Entitled to Overtime Pay

On February 22, 2023, the U.S. Supreme Court issued a decision confirming a lower federal court’s decision that employees who are paid by the day are entitled to overtime even if they are highly paid. Generally speaking, highly paid workers are exempt under federal labor laws from the requirement that employers pay overtime for hours worked in excess of 40 hours in a work week.

Typically, to be exempt from overtime the exemption requires that the worker in question be highly paid, have at least some “supervisory” or “executive-type duties (like supervising other workers) and be paid a salary. All three conditions must be met for the employee to be exempt from being paid overtime.

In the case in question — Helix Energy Solutions Group, Inc. v. Hewitt — the worker met the first two conditions, but not the third — he was NOT paid a salary. Rather, the worker was paid “by the day.” The lower court held that being paid a “day rate” was not the same as being paid a “salary.” Consequently, the worker did not meet the requirements for the overtime exemption. Thus, the lower court ruled that Hewitt was entitled to recover back overtime pay.

As noted, on February 22, 2023, the U.S. Supreme Court agreed with the lower court. Now, Hewitt’s journey to vindicate his rights as a worker is mostly over, and the employer will have to pay the worker ALL of the back overtime wages that are due, plus interest, attorneys’ fees, and court costs. It is a “great” win for the workers in question.

Call Herrmann Law Regarding Your Right to Overtime Pay

The skilled Employee Rights Lawyers here at Herrmann Law are passionate about advocating for employee rights and ensuring fair compensation. Don’t let your employer shortchange you! If you think you’re owed overtime pay, our experienced attorneys are ready to review your case and help you navigate the complexities of the FLSA. Call us (817) 479-9229.

Your rights as an employee are generally defined by statutes. Those statutes are a matter of interpretation by federal and state courts. Just because your employer SAYS you are not entitled to overtime does not mean that your employer is correct. Your employer does NOT have the “last word” on what federal and state labor laws MEAN. The interpretation of labor laws is ultimately for the courts to determine. In Hewitt, the employee fought for his rights for years and, in the end, succeeded. Now his rights are vindicated by the highest court in the land, which has laid a trailblazing path for others similarly situated.

If you think your rights as an employee are being violated by your employer, Hewitt provides an example of what you should do:

• Fight for your rights
• Be dogged, determined, and persistent in claiming your rights
• Contact experienced Employee Rights lawyers for help
• Never stop fighting and persevere to the final result — you are helping yourself and your fellow workers

Call the Employee Rights Attorneys at Herrmann Law Today

For more information, call the Employee Rights attorneys at Herrmann Law. If you think that your employer has violated your rights as an employee, including your right to be paid overtime pay, contact us. We are proven, experienced, employee-focused attorneys representing workers across the United States in all types of workplace disputes. Use our Online Contact page or call us at (817) 479-9229. We are more than just a law firm for employees – we are an employee’s fiercest advocate, equipping employees with the legal representation needed to achieve the best result possible.