Overtime Law

The Federal Fair Labor Standards Act, ("FLSA"), requires employers to pay overtime wages for work in excess of 40 hours per workweek, subject to specific exemptions. Overtime wages must typically be paid at one and one-half times the regular pay rate. An employee's workweek is a fixed seven day period that may be set by the employer.

Under the FLSA, there is no limitation on the number of hours per week or per day that an employee aged 16 years and older can be required to work. Whether or not you are considered a part-time or a full-time employee is determined by the employer. Employees are not entitled to receive double time pay, or additional compensation for working nights or weekends, under the FLSA. However, an employee can make an agreement with their employer to receive double time pay or additional pay for working on nights or weekends.

Under most circumstances, employees who work over 40 hours per week must be compensated for overtime worked at one and one-half times their regular rate of pay. However, in certain situations, employees can be legally paid less than time and a half for overtime hours worked.

You may have heard your job referred to as an "exempt" or "non-exempt" position. A job classified as "non-exempt," is one that is eligible to receive overtime compensation. A job classified as "exempt" is one that is not entitled to overtime compensation. You cannot determine whether a job is "exempt" or "non-exempt" by examining the job title alone. Determining whether a job is "exempt" or "non-exempt," requires an analysis of your job duties and pay structure.

You can find more details about overtime law on our FAQ page.