You are required to receive time and half when an employee in Tennessee has worked more than 40 hours a week. Although, if an employer decides to not offer time and half they must have a good reason as to not providing over time hours worked. For example, labor law does not let people who are called managers/ shift leads but lack real authority to be shortchanged overtime.
Some Jobs that result in overtime compensation claims are:
- Nursing, especially assistants and aides and shift leads, LPNs
- Loan Officer, Financial Manager, Analyst, Broker
- Order taker, Salesperson, Clerk, Account Executive, Relationship Manager and other Inside Sales positions
- Facilities Manager, CAD operator, Bookkeeper, Tech support, Help Desk, On Call Support
Calculation of Overtime
Overtime pay is based on the number of hours worked that week which is typically a seven-day period. A day, for overtime purposes, is defined as 24 hours beginning when the employer chooses. To calculate you must first calculate the regular rate of pay, you then multiply time and half which is 1.5 times the regular rate of pay times the number of hours worked that exceed 40 in a work week.
Reporting Overtime Violation
All employees in Tennessee have the right to report doubtful overtime infringement to the Department of Labor, or to have a private overtime lawyer represent them before making a claim directly to your current employee. Complaining to an employer may or may not be considered a protected act, filing a claim for overtime hours worked is considered protected. You will not be punished for filing an overtime claim. In Tennessee, your employer may not take any form of retaliatory action if you seek legal counsel with a qualified workplace attorney to report overtime violations at your workplace.
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