Are You Owed Overtime?
To be able to receive overtime hours it depends on the agreement between you and your employer. Typically this means that an employer who requires or permits an employee to work overtime is required to pay the employee premium pay for such overtime work.
How do you make sure you are getting paid for proper overtime?
The federal government assumes that all employees must be paid overtime if they work more hours than a normal work week (40 hours). With this in mind you can calculate how much overtime pay you should expect to see. The Utah overtime minimum wage is 10.88 per hour. It is One and one-half times the regular minimum wage of $7.25
Jobs exempt from overtime pay:
If your occupations goes into one of the four main exemption categories to overtime law (executive, administrative, professional, and outside sales), then you are not protected by Utah and federal overtime regulations
Executive Overtime Exemptions:
This occupation is classified as an executive position if your full-time responsibility is management of two or more employees. You must spend no more then 20% of your time doing other activities, and your job should be salaried.
Administrative Overtime Exemptions:
Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment).
Professional Overtime Exemptions:
As a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Your job must be salaried, primarily scholarly, and you must be expected to use discretion and judgement. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional.
Outside Sales Overtime Exemptions:
As an Outside Sales position if your main duties are making sales or taking orders outside of their employer's main workplace. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification.
If your job falls under any of the four categories described above, then you are not covered by federal or Utah unemployment regulations and your employer is not required to pay you an overtime premium.
If you believe your employer owes you overtime, learn how to file an overtime claim in Utah.
Executive Overtime Exemptions:
This occupation is classified as an executive position if your full-time responsibility is management of two or more employees. You must spend no more then 20% of your time doing other activities, and your job should be salaried.
Administrative Overtime Exemptions:
Your job is classified as an Administrative position if your primary duty is non-manual work related to business operations, management policies, or administrative training. Your job must be salaried to fulfill the requirements, and you must spend no more then 20% of your time doing activities that do not fit in the categories described above (or 40% in a retail environment).
Professional Overtime Exemptions:
As a Professional position if your primary duties require advanced knowledge and extensive education, including artists, certified teachers, and skilled computer professionals. Your job must be salaried, primarily scholarly, and you must be expected to use discretion and judgement. You must spend no more then 20% of your time doing activities that are not directly related to the duties described above in order to be classified as a Professional.
Outside Sales Overtime Exemptions:
As an Outside Sales position if your main duties are making sales or taking orders outside of their employer's main workplace. You may be paid either a salary or commission-based structure, but you must not spend more then 20% of your time doing work other then sales to fall under this classification.
If your job falls under any of the four categories described above, then you are not covered by federal or Utah unemployment regulations and your employer is not required to pay you an overtime premium.
If you believe your employer owes you overtime, learn how to file an overtime claim in Utah.
Example 1: Hourly Wage Only
A non-exempt employee is paid 15$ per hour and receives no other forms of compensation. In one workweek, he works 60 hours. Under the FLSA, his overtime pay is calculated as follows:
15$(regular rate) x 1.5 (OT premium) x 20 hours (OT hours worked)=$450 in OT pay
15$(regular rate) x 1.5 (OT premium) x 20 hours (OT hours worked)=$450 in OT pay
Calculate OverTime
Example 2: Salaried Non-Exempt Employee with Fixed Schedule
An employee with a fixed schedule earns a weekly salary of 600$ and is expected to work 40 hours per week for that salary. In one distinct workweek, the employee works 50 hours.
Step 1: Calculate total straight-time pay.
$600 salary divided by 40 hours= $15 hourly rate
50 hours worked x $15 hourly rate =$750
Step 2: Calculate regular rate of pay
$750 straight-time pay divided by 50 hours worked=$15 per hour
Step 3: Calculate overtime pay
$15 regular rate of pay x .5 x 10 overtime hours=$75
Total: $750 straight-time pay + $75 overtime pay= $825
Step 1: Calculate total straight-time pay.
$600 salary divided by 40 hours= $15 hourly rate
50 hours worked x $15 hourly rate =$750
Step 2: Calculate regular rate of pay
$750 straight-time pay divided by 50 hours worked=$15 per hour
Step 3: Calculate overtime pay
$15 regular rate of pay x .5 x 10 overtime hours=$75
Total: $750 straight-time pay + $75 overtime pay= $825
References:
Overtime. (n.d.). Retrieved from https://www.dol.gov/general/topic/workhours/overtime.
“Utah Overtime Pay Laws for 2018, 2019.” Federal and State Minimum Wage Rates for 2019, https://www.minimum-wage.org/utah/overtime.
“Utah Overtime Pay Laws for 2018, 2019.” Federal and State Minimum Wage Rates for 2019, https://www.minimum-wage.org/utah/overtime.