Who is entitled to overtime?
A. Most employees. The Fair Labor Standards Act (FLSA) requires most employers to pay their employees one and one-half times an employee’s regular rate of pay for all hours worked over 40 hours in one week. There are some exceptions, called “exemptions”, which exempt certain employees from being entitled to overtime pay. These include executives, professionals and some administrative personnel. In addition, some categories of professions are specifically excluded from receiving overtime pay. Among these are some computer professionals, some truck drivers and other job categories too numerous to list here. A common problem we encounter is employer mischaracterization of job titles in order to try to designate non-exempt employees as exempt. Job titles are not important; job duties are. Exemptions are complicated and often subject to interpretation; it is important to get competent legal advice to determine whether or not you are eligible. If you would like an overtime lawyer to evaluate
A. Generally, in Nevada, an employer must pay time and one half of an employee’s regular wage rate whenever an employee works more than 40 hours in any scheduled workweek. In addition, employees who are paid a base rate of one and one half times the minimum wage or less per hour may be entitled to overtime if they work more than 8 hours in any workday. There are a number of exemptions to this rule and federal wage and hour rules may apply. See NRS 608.018 for more information on exemptions.
Employees who are not exempt under the FLSA are to be paid overtime-one and half times your hourly rate of pay for work in excess of 40 hours per work week. To prove that an employee is exempt, the employer must go beyond showing that the employee is compensated on a salaried basis. The employer must also show that the employee falls within one of the law’s categories of “exempt” employees, the most common of which are executives, professionals, administrative employees, and outside salespersons. Without getting into all of the elements necessary to fall within each of these categories, suffice it to say that not everyone you consider a “supervisor” is exempt as an “executive,” not everyone from whom you expect professional-quality work is exempt as a “professional,” and not everyone who performs administrative tasks is exempt as an “administrative employee.” Misclassification of employees as exempt is both common and risky for an employer. You can recover up to three years of unpaid o
