Employee Rights

Eligible, covered nonexempt employees must receive overtime after 40 hours in a workweek. Some employees fall within a specific exemption, but a job title or salary by itself does not establish one. The employee's actual duties and every applicable requirement matter.

Executive, administrative, professional, outside-sales, and certain computer employees are examples of categories that can be exempt when the legal tests are met. Other exemptions and industry-specific rules also exist.

Work that an employer requires or allows can be compensable even when it was not requested in advance. That can include finishing tasks after clocking out, setting up before a shift, answering work messages, or correcting errors. An employer may enforce an overtime-approval policy, but a policy does not erase the obligation to pay for compensable work the employer knew or should have known was performed.

Training and meetings can be unpaid only when the relevant federal conditions are met. A meal period is unpaid only when the employee is completely relieved of work duties. An interrupted lunch spent answering calls or serving customers can count as hours worked.

Employers covered by the FLSA must keep accurate records for nonexempt workers, including daily and weekly hours and wage information. Employees can also keep their own factual notes.

The FLSA prohibits retaliation for protected activity such as filing a complaint or cooperating with a Wage and Hour Division investigation. Federal protection can include oral or written complaints, depending on the circumstances.

For questions or a complaint, contact the U.S. Department of Labor Wage and Hour Division at 1-866-487-9243 or use the official complaint page linked below. State labor agencies may provide additional protections or procedures.