Menu Overtime FAQs, Part 1: • What is • How much • When due • Who's eligible Overtime FAQs, Part 2: • Who's exempt • Mandatory • State laws • Comp time • Nights, holidays, weekends Overtime FAQs, Part 3: • Standby time • Training time • Independent contractors • Getting fired • Lawsuits • More info
	Related Resources • Am I Entitled to Severance Pay? • Am I Entitled to Sick Leave Pay? • Am I Entitled to Vacation Pay? • Collecting Unemployment Pay • Minimum Wage • New Overtime Law • Research State and Federal Labor Laws
	Elsewhere on the Web • Fair Labor Standards Act Advisor • Fair Labor Standards Act Advisor • Overtime Pay • State Labor Offices • State Overtime Pay Laws

If your employer makes you attend a training class during or outside of your regular work hours, then the time probably counts as "hours worked". Your employer will owe you overtime pay, if all hours you worked (including the training class) exceed 40 in the same workweek. For example, if you've already worked 38 hours and a mandatory training class adds another 4 hours, for a total of 42 in a workweek, then your employer likely owes you 2 hours of overtime pay. Whether or not your employer would owe you overtime pay for other training scenarios, depends on "if this, then that" factors that are a bit too convoluted to explain here. Step through the FLSA Hours Worked Advisor to learn about other training scenarios.
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True independent contractors (ICs, freelances, consultants) are self-employed, and as such, not entitled to overtime pay under the FLSA. (But ICs may contractually arrange overtime pay with their clients.) However, if an employer has misclassified you as an IC, when you're really an employee according to the FLSA guidelines, that's a different matter. Although there is no direct relationship with the FLSA, the IRS also offers guidelines they call Common-Law Rules, to help you determine whether or not you're misclassified as an IC. The IRS will even make the determination for you, if you're willing to risk ticking off your employer. If the IRS determines that you are misclassified, while it's mostly for tax purposes, you might in turn have a valid lawsuit under the FLSA, state labor law or both, to collect back overtime pay and even benefits. In the meantime, the IRS might nail your employer for back taxes and fines, which could help your case. But it's a probably a good idea to let an attorney decide whether or not to open the IRS can of worms. For example, filing a lawsuit under the FLSA or equivalent state law might be the better way to go.
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Legally, no. It's your right to challenge your employer's questionable overtime pay practices. (But challenge in a reasonable way, to avoid giving your employer a legit, "loophole" excuse to fire you.) If your employer fires you anyway, you might have a winnable lawsuit for retaliation in violation of Federal labor law or wrongful termination. See an attorney about that. To ensure you have a leg to stand on, it might be a good idea to consult with an attorney (or at least your union rep) before you challenge your employer's overtime pay practices.
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Overtime lawsuits are occurring more frequently in the U.S. Some workers have filed and won lawsuits alleging that they were misclassified as salaried-exempt employees or independent contractors, to their employers' advantage. Others have sued and won because a company policy contradicted the definition of a salaried-exempt employee, such as docking pay for tardiness. (Because salaried-exempt employees might have to work extra hours without overtime pay, employers can't dock their salaries for tardiness. But excessive tardiness is likely "good cause" for termination under the Employment At Will Doctrine.) There are many more reasons one might legitimately sue for back overtime pay. If you prefer, you might be able to bypass the judicial system through arbitration. Alternately, you may request a hearing with a Department of Labor Administrative Law Judge. In any case, first see an attorney who specializes in overtime pay matters.
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• Browse the Fair Labor Standards Act Advisor and Compliance Assistance hosted by the U.S. Department of Labor.
• Contact the nearest Wage and Hour Division office. It's listed in most telephone directories under U.S. Government, Department of Labor, or you may call the toll-free number 1-866-4USWAGE (1-866-487-9243).
• Contact the nearest state labor office. It too is listed in most telephone directories, usually under State Government. Alternately, browse the Website list maintained by EmployeeIssues.com or contact list maintained by the U.S. Department of Labor.
• Read the article "New Overtime Law" for a summary of the Federal overtime pay changes that became effective in August, 2004.
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