If you are a salaried employee, you may be owed overtime pay if you are misclassified as an exempt employee.  While the specifics of misclassification will be covered in another post, a few examples of common misclassification are posted below.   For calculating overtime owed, your hourly rate of pay is usually calculated at one-fortieth (1/40) of your weekly salary.

If you work more than eight (8) hours in a day, more than forty (40) hours in a week, and or worked on the seventh consecutive day of a workweek, you are probably entitled to overtime pay.

Your pay for overtime hours should be one-and-a-half times (1.5x) the hourly rate of pay.  Double time pay may apply if you worked any hours over twelve (12) in a day or over eight (8) hours on the seventh consecutive day in a workweek.  There are exceptions, so definitely talk with an experienced wage/hour attorney before you try to recover overtime pay from your employer.

1. Misclassification of rouse sales representatives (RSR)- routinely worked overtime hours and paid with a salary plus commissions were classified as exempt employees and not paid for any overtime hours worked. –Jaimez v. Daiohs USA, Inc.
2. Business Banking Officers misclassified as exempt outside salespersons and owed overtime for hours worked. –Duran v. U.S. Bank National Association.
3. Skilled laborers misclassified as independent contractors and potentially owed overtime for overtime hours worked.  – Bradley v. Networkers International, LLC