The demand for telephone-dedicated employees has increased significantly as the country moves to a more service-oriented economy. Today, there are millions of people working in call centers, making thousands of telephones to countries all across the world. Unfortunately, these call center companies that the employees belong to often do not handle overtime pay properly.
If you have worked overtime and are questioning whether you are entitled to overtime pay, the answer is generally yes. However, it is still essential to know about your worker rights in detail to better understand the situation you are in right now. To know more, speak to an expert from Hayber, McKenna, & Dinsmore.
What are the laws for call center overtime pay?
Under the Fair Labor Standard Act (FLSA), call center employees are usually nonexempt employees. Therefore, they are entitled to overtime pay. According to the U.S. Department of Labor’s Wage & Hour Division, these employees are entitled to the minimum wage set by the federal government. The overtime pay should be time and one-half of their regular pay rate if the worker works for over 40 hours in a week.
How do you know if you are entitled to overtime pay under FLSA?
A call center employee is entitled to overtime pay under the FLSA only if they are considered a nonexempt employee by the employer. However, it is important to understand that your employer cannot decide which employee is exempt or nonexempt. Instead, your job duties and actual pay determine that.
According to the FLSA, an employee at the call center is exempted from overtime pay only if:
- They are paid a salary instead of hourly and already earn at least $684 per week.
- They are one of the following: computer employee, executive employee, learned professional, creative professional, administrative employee, or involved in outside sales.
Are you eligible to file a complaint?
If you believe the call center owes you overtime pay, you must consult an attorney who regularly works with overtime wage issues and has experience with the FLSA. By speaking with an attorney, you can determine whether you have a valid claim and what evidence or information you may need to file a successful claim.
Your employer may be doing this to a large class of employees. When a large group of people suffers from the same situation, you can file a class action lawsuit or wage and hour lawsuit. Learn more about what you can do and how to speak to a legal team today.