5 Overtime Truths Every Skilled Trades Worker Should Understand

For blue-collar workers in fields like construction, maintenance, and various trades, understanding your rights under the Fair Labor Standards Act (FLSA) is crucial. Despite the hard work and expertise required in these roles, misconceptions about overtime pay persist.

Here's the truth behind the top five myths:

1. "Salaried Blue-Collar Workers Don't Get Overtime"

Many blue-collar workers think that receiving a salary or being highly paid exempts them from overtime. This is not usually true. The FLSA guarantees overtime pay for non-management employees such as carpenters, electricians, and plumbers. If you work over 40 hours a week, you are generally entitled to overtime pay at 1.5 times your regular rate for hours worked above 40 hours.

2. "Overtime Agreements Can Override the Law"

Some workers and employers believe they can agree to forego overtime pay. Under the FLSA, these agreements are usually unenforceable. Your right to overtime pay cannot typically be waived, ensuring that hardworking, blue-collar workers are compensated for every extra hour worked.

3. "Only Working More Than 8 Hours a Day Counts"

A common misunderstanding is that overtime pay is due only after more than 8 hours in a single day. For FLSA purposes, overtime is calculated on a weekly basis—workers are entitled to overtime pay for hours worked over 40 hours. This federal standard applies even if state law or employer policies differ.

4. "If Overtime Isn't Approved, It's Not Paid"

Many believe that without prior approval, overtime hours will not be compensated. However, if you worked the hours and do not fall under any overtime exemption, you are entitled to overtime pay. It is the employer's responsibility to manage work schedules and authorize overtime; failure to do so does not negate their obligation to pay for extra hours worked.

5. "Employers Can Average Work Hours Over Two Weeks"

Some think that averaging hours over two weeks can determine overtime eligibility. The FLSA requires that overtime be calculated weekly, even if pay periods are not weekly. For example, it is a violation of the FLSA to schedule an employee to work 38 hours one week, 42 hours the next, and then average the two weeks together to arrive at 40 hours in order to avoid paying the 2 hours of overtime.   Each workweek is instead assessed independently, ensuring that workers are fairly compensated for weeks with more than 40 hours of work.

Empower Yourself with Knowledge

Knowing your rights is power for blue-collar workers mastering their craft through apprenticeships and on-the-job training. The FLSA is designed to protect you, ensuring that your hard work and dedication are fairly rewarded.

If you are facing issues with overtime pay or have questions about your rights, Martin & Bonnett, PLLC is here to stand up for you. Our experience with labor laws means we are ready to help you navigate these issues and fight for the compensation you deserve.