When you perform an honest day’s work, you deserve a fair day’s pay. That’s the American way, right? Extra work deserves extra pay – overtime pay. Most workers are classified as non-exempt employees and must be paid more when they work more than the standard workweek. Recordkeeping mistakes, intentional employee misclassifications, or other causes can cost you the pay you deserve.
The Crone Law Firm is one of the few law firms in the Southeast and Middle United States focusing exclusively on Employment Law to protect workers. Do you believe your employer owes you for overtime work? We can help. Contact us today by phone or online to schedule a FREE consultation.
Federal Overtime Laws
The federal Fair Labor Standards Act (FLSA) regulates overtime pay and other work-related factors, like minimum wage and working minors. Most public and private employers must follow these guidelines for paying overtime. Here are the basics of FLSA regarding overtime pay:
- What is the FLSA overtime rate? Non-exempt employees must receive 1.5 times their regular pay for anything over 40 hours in a seven-day week.
- Who must comply with the FLSA? Most businesses fall under these laws:
- Businesses with a volume of $500,000 or more annually
- Hospitals and facilities that care for the sick, aged, disabled, or mentally ill
- Schools, colleges, and government agencies
- Any business engaged in interstate commerce
- Some businesses, such as restaurants, present challenging overtime pay scenarios due to their pay structure and employee classifications.
- Who is eligible for overtime pay? FLSA defines a non-exempt employee who must be paid for overtime. Most hourly workers qualify, but your job role and duties are the main criteria, not how you are paid.
- How long is the average workweek that determines overtime? FLSA defines a workweek as “A fixed and regularly recurring period of 168 hours, or seven consecutive 24-hour periods.”
How Do I Know If My Employer Owes Me Overtime?
If you are a non-exempt employee working for an employer the FLSA covers, you must be paid overtime for working more than 40 hours a week. Intentional misrepresentations or mistakes in recordkeeping that prevent you from receiving overtime pay violate federal law. Employers can incur serious repercussions for withholding overtime pay.
The Employment Law Attorneys at The Crone Law Firm can help you clarify your employment status and classification and determine if you are owed overtime pay for the time you have already worked. FLSA wage and overtime violations can be reported up to two years after the violation occurred. We can help you gather evidence and file a claim if your employer neglected to pay you overtime.
What Can I Do to Get the Overtime Pay I’m Owed?
The Crone Law Firm serves workers in Tennessee, Arkansas, Missouri, Kansas, and Illinois when they must sue their employer over employment law matters like unpaid overtime. We can help you file a claim against your employer to recover all wages and overtime pay you are owed. We can also help you file a claim with your state’s labor department.
You may be eligible to recover all unpaid wages plus interest on those wages. Employers that willfully falsify records or deliberately withhold overtime pay could also be forced to pay penalties. They may even incur IRS audits to uncover falsified documents that may have reduced their tax rate.
What You Need to Know About Overtime in 2025
In 2025, federal and state overtime rules continue to evolve, and it’s important for employees to understand their rights under current law. The Fair Labor Standards Act (FLSA) still requires non-exempt employees to receive 1.5 times their regular pay for hours worked over 40 in a week, but enforcement and interpretation have been refined in recent years.
Several states, including California, New York, and Illinois, have updated regulations clarifying overtime eligibility for certain job classifications and salaried employees. Employers must ensure that employee classifications, timekeeping, and compensation policies comply with both federal and state laws. Failure to pay proper overtime can result in penalties, interest on unpaid wages, and potential legal action.
For employees, this means it’s more important than ever to track your hours accurately, review your pay stubs, and consult with an employment attorney if you believe overtime has been improperly withheld.
FAQs
Has the federal overtime threshold changed in 2025?
Yes and no. The standard FLSA threshold of 40 hours per week for non-exempt employees remains, but some states and local jurisdictions have updated salary thresholds and classifications for overtime eligibility.
Who qualifies for overtime under the latest rules?
Most hourly employees are non-exempt and qualify. Some salaried employees may also be eligible depending on job duties, salary level, and state-specific regulations.
How long do I have to claim unpaid overtime?
Under the FLSA, claims can generally be filed up to two years after the violation, or three years if the violation was willful. State laws may allow longer periods in certain cases.
Can employers offer compensatory time instead of overtime pay?
In most private-sector jobs, compensatory time (“comp time”) is not allowed. Certain public-sector jobs may offer comp time, but strict rules govern its use and accrual.
Should I consult a lawyer before filing an overtime claim?
Absolutely. A qualified employment law attorney can review your work records, confirm eligibility, and guide you through the process to recover unpaid wages and any penalties your employer may owe.
Contact The Crone Law Firm at 901-737-7740 or complete the contact form to request a FREE case evaluation. For your convenience, we have offices in Memphis, TN, St. Louis, MO, and Olympia Fields (Chicago), IL.