Working Overtime But Not Being Paid For It

Many people work more than 40 hours a week without receiving overtime pay. Their employers may give various excuses for not paying overtime. But are their employers right?

In many cases employers in Tennessee have a legal duty to pay overtime for hours worked in excess of 40 in a week. Workers who do not receive overtime when it is due may be entitled to compensation.

When is overtime due?

The Fair Labor Standards Act divides workers into two types:

  • Exempt workers, who are not entitled to overtime pay and other protections covered by the Fair Labor Standards Act
  • Nonexempt workers who are entitled to overtime and other protections, such as the minimum wage

Exempt workers generally include administrative, executive, professional, inside sales and certain other types of positions. Your classification is determined by your job duties, not your jot title or how you are paid. Many nonexempt workers receive salaries and have the word "manager" in their job titles. Only an experienced employment law attorney can tell you if your position is exempt or nonexempt.

What excuses do employers have for not paying overtime?

Employers use a variety of excuses for not paying overtime. Some of the most common are:

  • Misclassifying workers as exempt when in fact their job duties are nonexempt
  • Not paying workers for prep time or time they are on call

The lawyers of At McCune Zenner Happell, PLLC, in Brentwood offer a free and confidential consultation to determine if you are eligible for overtime.

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