Is every worker entitled to receive the minimum wage and overtime?
No, some workers are exempt, either from overtime or both overtime and the minimum wage. In addition, employees who are paid with tips (i.e. waiter/waitress) may only be entitled to a lesser hourly wage of $2.38 per hour. As a rule of thumb, if you are paid on an hourly basis, or if you earn less than $455 per week, you must be paid overtime, although each employment situation is unique. If you have not been paid the minimum wage and overtime and believe that you are entitled, the employment law attorneys at Andalman & Flynn can advise you on your rights and your entitlement to minimum wage and overtime. If you are interested in meeting with an employment law attorney, please contact us to schedule a consultation.