Before you start writing your letter requesting overtime pay, make sure that you are a non-exempt employee and are actually eligible. Federal law and most state laws require that employers pay their employees overtime wages if they exceed the standard 40 hours a week. Usually businesses that generate $500,000 or more in revenue must comply with the Fair Labor Standards Act (FLSA), which stipulates that employers must pay 50% more than the normal hourly wage.
Even if you work for a business that is not very large, you might still be eligible for overtime pay under state laws. Thus, I urge you to look at your contract and do some research before you commit a lot of time and effort towards writing a letter to your boss.
Example Letter to Get Overtime Pay
Dear Mr. Smith,
I am writing this letter to formally inform you of my overtime payment concern within my employment at your firm. In compliance with the contract I signed on September 2 and the Fair Labor Standards Act (FLSA) of 1938, I am entitled to receive an overtime wage that is no less than one and a half times my regular wage rate.
FLSA affirms that “unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.” I do not meet any exemptions which could possibly hinder me from earning my overtime pay. My additional work on Fridays for a total duration of 13 months, beginning on September 3, 2013, which was suggested on your behalf, has not been paid for thus far.
Please also take into account that federal law fines all employers who decline their employees’ rights for overtime pay and they may also pursue legal action. Lest you agree on settling down my overtime fees, my attorney shall launch a lawsuit against your company without further ado, and I would accordingly be eligible to obtain the following:
1. All overdue overtime payments
2. A supplementary fine that equals the withheld overtime wages
3. Lawyer fees, charges and expenditures.
To date, I have taken great pleasure in my position at Medfind Incorporation and would favor settling this complication once and for all, without having to take the case to Federal Court. Please keep in mind that I am simply asking for my overtime payments that I am expected to receive under law. I am not pursuing (at this point in time) any of the consequential penalizations mentioned above.
Please get in touch with me within 10 days of receiving this e-mail to notify me if you are intending to try and work this issue out. Please also consider that you are not legally eligible of taking any course of action against me within this time period.
Thank you for your time and consideration.