Overtime: When is it due to me?


A: Overtime is typically due to an employee when they work more than 40 hours in a workweek. Under the Fair Labor Standards Act (FLSA) in the United States, eligible employees must be paid at least one and a half times their regular hourly rate for any hours worked over 40 hours in a workweek.

Some states have their own overtime laws that may require overtime pay for fewer than 40 hours worked in a week or for certain types of work or industries. Employers are required to comply with both federal and state overtime laws and provide the greater benefit to the employee.

It’s important to note that not all employees are eligible for overtime pay. Some exempt employees, such as executives, professionals, and certain administrative employees, are not entitled to overtime pay under the FLSA. Employers are responsible for properly classifying their employees as exempt or non-exempt based on their job duties and responsibilities.

In addition to federal and state overtime laws, some employers may have their own overtime policies and procedures that provide additional compensation for working overtime. Employees should review their employment contracts, employee handbooks, or speak with their employer to understand their specific overtime policies and procedures.

For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay at a rate of not less than one and one-half times an employee’s regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.

Some states also have enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).


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