The Fair Labor Standards Act (FSLA) has many requirements and standards for overtime pay. Nonexempt workers must be paid overtime pay at a rate of not less than one and one-half times their regular rates of pay after 40 hours of work in a workweek.
Broadcast companies have many types of employees that do a myriad of duties. Some of these companies may be misclassifying their employees as “Exempt” from overtime without fully understanding the law. Even if you are paid a salary, you may be entitled to overtime pay compensation.
Some examples of employees who are exempt from overtime pay include:
- Announcers, news editors, and chief engineers of certain non-metropolitan broadcasting stations;
- Certain commissioned employees of retail or service establishments; auto, truck, trailer, farm implement, boat, or aircraft sales-workers; or parts-clerks and mechanics servicing autos, trucks, or farm implements, who are employed by non-manufacturing establishments primarily engaged in selling these items to ultimate purchasers;
- Employees of railroads and air carriers, taxi drivers, certain employees of motor carriers, seamen on American vessels, and local delivery employees paid on approved trip rate plans;
- Domestic service workers living in the employer’s residence; and
- Employees of motion picture theaters.
There are many circumstances to consider when determining overtime for an employee, and determinations are usually made on a case by case basis. If you work in the broadcast industry and believe you may be entitled to overtime pay, contact Wyly & Cook. Wyly & Cook can help determine if you have a case for overtime pay, including compensation for back pay.