Employment and Labor Laws

Fair Labor Standards Act

Overtime

Under the FLSA, there are no limits to the number of hours an employer may require an employee to work in one workday or one workweek. However, employers are required to pay employees an overtime rate of one and a half times their regular rate for all hours worked in a workweek in excess of 40, unless the employee is otherwise exempt from the FLSA’s overtime requirements. 29 CFR 778.107. Conversely, as long as an non-exempt employee does not work more than 40 hours in a workweek, an employer is not required to pay overtime even if the employee works more than eight hours in one day or whether the employee works on a holiday, a Saturday, or a Sunday. Thus, in order for an employer to calculate the appropriate amount of overtime owed to employee, it must first determine the employee’s regular rate and hours worked by the employee in the applicable workweek.

Definitions

Regular rate

Hours Worked

Workweek

Employers may enter into contracts with employees that provide a greater obligation for overtime compensation than the FLSA requires. If other Federal or State laws impose greater obligations for overtime pay than the FLSA, they must be obeyed. 29 CFR 778.102. Find out more about State Overtime Laws.

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