| The U.S. Department of Labor's Wage and Hour | | | | for overtime pay. However, federal overtime law |
| Division receives numerous complaints every year | | | | states that an employee's job duties, not their job |
| from employees who were wrongfully denied | | | | title, is the main factor in determining who can |
| overtime pay. While some employers violate | | | | receive overtime pay. |
| federal overtime law without intention, others | | | | For instance, employee misclassification commonly |
| purposefully deny overtime pay to eligible | | | | occurs when an employer labels a worker as an |
| workers. By using common overtime scams, | | | | "independent contractor" to avoid paying |
| employers cheat their workers out of | | | | overtime. However, if the worker does not meet |
| time-and-a-half compensation for overtime hours. | | | | the test for determining independent contractors, |
| Luckily, many common overtime scams have | | | | they may be eligible to collect overtime pay for |
| been identified so that workers can fully | | | | hours worked in excess of 40 in a single |
| understand their rights to overtime. | | | | workweek. Another common example of |
| A common overtime scam, working "off the | | | | employee misclassification is labeling workers as |
| clock" occurs when an employer forces an | | | | "managers" without allowing these employees the |
| employee to work without being clocked in. For | | | | opportunity to perform any managerial duties. |
| instance, an employer may instruct a worker to | | | | Paying straight time instead of time-and-a-half |
| clock out and remain on the premises to | | | | compensation is another common overtime scam. |
| complete the tasks they should have finished | | | | Federal overtime law states that non-exempt |
| during the day. In another example, an employer | | | | employees should be paid 1.5 times their regular |
| may require their employees to work on the | | | | rate when working more than 40 hours in a single |
| weekends without being clocked in. In general, | | | | workweek. For instance, if an employee is usually |
| workers can identify and avoid this common | | | | paid $8 per hour, they should receive $12 for |
| overtime scam by understanding that time spent | | | | every hour of overtime. Paying non-exempt |
| working for an employer should be considered as | | | | workers less than 1.5 times their regular rate for |
| hours worked for the purpose of calculating | | | | overtime hours is a violation of overtime law. |
| overtime pay, regardless of whether the | | | | These are the most common forms of overtime |
| employer wants the worker "on the clock." | | | | scams. Other scams include short-changing hours |
| Employee misclassification is another common | | | | (not including short breaks in an employee's total |
| overtime scam. Misclassification occurs when an | | | | hours worked) and providing "comp" time instead |
| employer intentionally misclassifies a worker into | | | | of overtime pay. By informing yourself on the |
| an exempt category; they trick the worker into | | | | basics of overtime law, you can help ensure you |
| thinking that their job title makes them ineligible | | | | do not fall victim to an overtime scam. |