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Who is Eligible for FLSA Overtime Protection?

Before you figure out whether an individual fits within one of the many exemptions to the FLSA or whether a company properly (or improperly) paid its employees overtime, you first have to determine whether an individual is entitled to FLSA overtime protections.

Are You Protected By the FLSA’s Overtime Rules?

Definition of Employee under the FLSA

FLSA overtime protection only extends to employees, but the FLSA uses the “broadest definition that has been included in any one act.” Under what is called the “economic realities” test, the question is whether as a matter of economic reality, you are dependent upon a potential employer. If the answer is yes, you are likely to be an employee for purposes of the FLSA.

But, even if you are an employee, are you then covered by the FLSA? The short answer: it depends.

Public Sector Employees and the FLSA

Generally speaking, though there are limited exceptions, the FLSA and its overtime protections apply to government employees.

Private Sector Employees and the FLSA

Some private businesses, like hospitals and schools, are automatically covered by the FLSA. For other private sector workers, there are two questions that must be asked.

First, am I engaged in the production of goods for interstate commerce? Interstate commerce is defined very broadly so most employees who produce goods should fit within this definition.

However, even if an employee does not individually fit within the definition, the next question is whether: (1) the employer is engaged in interstate commerce and (2) the employer has over $500,000.00 in sales. If the answer to both of those question is yes, all employees of that employer will be covered.

Keep in mind that even if an employee is eligible for FLSA protection, you still have to determine whether that specific employee fits within an exemption to the FLSA overtime requirements.

Contact an Overtime Claim Lawyer Today

If your employer has not properly paid your overtime, The Mahone Firm is here to help. Call (504) 564-7342 to discuss your potential overtime claim with an employment lawyer today. There is no charge for an initial consultation.

Mike Mahone

Mike Mahone

Mike Mahone is a personal injury and business litigation lawyer located in New Orleans, LA, and the sole practitioner of The Mahone Firm.

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