Office Workers

Most office and clerical workers are "nonexempt," which means they are entitled to overtime pay if they work more than 40 hours in a workweek.  Problems commonly arise when employers do not include certain activities as hours worked that should be counted. 

Typical Problems

• Failure to pay for time spent working through lunch, staying late to finish a task or project, running an errand on the way home that is work related, or doing work at home.  
• Misclassification by your employer as “exempt,” meaning not due overtime pay
• Salaried employees that do not meet the requirements for exemption

Rules

• Any off the clock must be included as hours worked and paid as overtime if it is over the 40 hours.