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Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
Out of approximately 120 million American workers, nearly 50 million are exempt from overtime laws (US Department of Labor, Wage and Hour Division, 1998). As of 2021, salaried workers making $684 per week or more are exempt from overtime pay (equivalent to $35,568 per year). [9]
However, Trump has also stated plans to make overtime exempt from income taxes. Per the Tax Foundation, Trump proposed “a blanket exemption” for overtime income in early September. Labor Unions
Section 13(a)(1) of the Fair Labor Standards Act of 1938 exempted "bona fide executive, administrative, or professional" employees from overtime pay requirements. [2] In determining whether an employee was exempt, the US Department of Labor and the Secretary of Labor applied a "salary-basis" test in 1940 that was not applicable to state and local employees.
The Trump administration raised the salary level for exemption from overtime pay to $35,568 a year, up from the long-standing $23,660 threshold. Workers’ rights groups criticized the move ...
In the suit against Blank's family office, AMBFO, Adele Pearson and Samantha Carlisle allege they were improperly classified as exempt from overtime pay under the Fair Labor Standards Act.
Encino Motorcars v. Navarro, 579 U.S. ___ (2016), 584 U.S. ___ (2018), was a Supreme Court of the United States case addressing overtime pay. [1] Specifically at issue is whether automotive service advisors are eligible for overtime pay under the Fair Labor Standards Act. The case had been heard twice by the Supreme Court.
Unless you work for a tiny and purely local employer, or fall within a specific exemption, your employer is legally required to pay you time and a half for all overtime worked.