What is Overtime?

When people talk about overtime, what do they mean? In Tennessee, overtime is any work performed by a worker for an employer in excess of forty hours per week. Some states, like California, have provisions where it is on a day to day basis, but not Tennessee. So even if you work 20 hours a day, but only two days per week, in Tennessee this would not qualify you for overtime. If you work 8.5 hours for five days you would be entitled to 2.5 hours of overtime. You need to be a non-exempt employee to be qualified for overtime. Overtime is important because employers are required to pay time and a half for anything considered overtime. Under FLSA (the Fair Labor Standards Act) rules, nothing is really triggered until overtime hits. Overtime is very important in wage and hour cases, because by triggering the FLSA the plaintiff will be entitled to legal fees. If legal fees aren’t involved, it usually is not worth it for an attorney to sue and it will be very difficult to find someone to assist you outside of the Labor Board.

Please note, the parties can always contract to give additional rights and provisions in excess of the FLSA. For example, there is nothing stopping your employer from granting overtime pay for anyone working more than 8 hours per day or at 38.5 hours per week. However, if this is not happening it would be a contract dispute until the 40 hours work week under the FLSA is triggered. Also, it is important to note that the FLSA is a federal law and applies all over the United States, and not just Tennessee, although state labor laws are different.

If you think you are not being paid for overtime as required under the FLSA, you will want to schedule a consultation with an employment lawyer and they will help you determine if you are exempt and if you may be entitled to a claim under the FLSA for unpaid overtime or work.

©Law On Your Schedule, Attorney Morgan Smith, Employee Lawyer, Nashville Tennessee (Middle Tennessee)
Ethical rules require we let you know that this is not legal advice and does not create an attorney client relationship. You should consult with an attorney to answer any questions you may have and to get a formal legal opinion. This is considered advertising.

Similar Articles

Picking a Lawyer How do you pick a lawyer for an unpaid overtime case? Look for someone you feel comfortable with and who has experience in your specific location and
Arbitration Agreements an... Many employees sign arbitration agreements when they sign on with a company, or as part of their severance agreements.  Arbitration is not always bad and it does
Maracas ordered to pay $63,000 for wage violations Maracas, a local Mexican restaurant located here in Nashville is ordered to pay over $63,000 in damages for wage
Paid in Vacation Time? When I was working in government, it was very common to receive additional vacation time or sick leave for salaried employees who had to work excessive hours
Breach of Employment Agre... Some employees enter into employment agreements that include the terms for severance and other benefits. In JIMMY L. HENSLEY V. COCKE FARMER’S COOPERATIVE, Mr. Hensley and Cocke
Wage theft cases settled ... A news article has just been released noting that the Middle District of Tennessee has accepted two settlements for wage theft on March 9, 2021 for about
Pre-shift work Many FLSA claims revolve around “pre-shift work” which is what we call the time people spend working before they get to go on the clock and be
What is Overtime? When people talk about overtime, what do they mean? In Tennessee, overtime is any work performed by a worker for an employer in excess of forty hours
Minimum Wage Laws Exist f... Something to remember about minimum wage, this is what was said by the President (FDR) before it was signed: “Do not let any calamity-howling executive with an
Some autoworkers are exem... xposted from www.lawonyourschedule.com Autoworkers may be exempt from FLSA (Fair Labor Standards Act) overtime pay requirements.  The FLSA is the law that requires companies to pay you