How does overtime payment work on the L-1?

The L-1 visa is intended for the transfer of professionals who occupy executive, managerial positions or possess specialized knowledge within the same company, between its units outside the United States and the American unit. Therefore, there is much discussion about how labor rules, such as overtime payment, apply to these employees.

In general, the rules for overtime payment in the U.S. are defined by the Fair Labor Standards Act (FLSA). This law establishes that non-exempt workers are entitled to additional pay when working more than 40 hours in a week.

However, most employees transferred under the L-1 visa, especially those performing executive, managerial, or administrative functions, are usually classified as ”exempt” – meaning they are exempt from overtime pay. This happens because their responsibilities and salary level meet the exemption criteria provided by law.

On the other hand, if the professional holding an L-1 visa performs functions that do not fall under the exempt category – for example, in technical or operational areas that lack the decision-making autonomy characteristic of managerial positions – there may be a right to overtime pay according to FLSA rules.

It is important to highlight that the analysis of eligibility for overtime pay depends both on the position and the functions performed as well as the form of compensation defined by the employer. It is essential that both employers and employees pay attention to the guidelines established by U.S. labor laws.

Compliance with these rules is essential to guarantee rights and avoid legal complications. Furthermore, it is always recommended to seek guidance from specialists in labor law and immigration to analyze the specific situation, ensuring that adopted practices fully comply with the law and that any dubious information or promises, common in marketing campaigns, are avoided.

Staying well informed and consulting reliable sources is the best way to ensure compliance with rules and respect for labor rights, thereby avoiding possible legal problems in the future.

Victoria Harper

Editor-in-Chief

Meet the author

Leading journalism and editorial content at Visto n’ Visa, Victoria helps make immigration topics clear, trustworthy, and easy to understand. Her focus is on delivering useful, human, and relevant content for people exploring new paths abroad.