The Fair Labor Standards Act (FLSA) requires that most employers pay a minimum wage and pay employees overtime if they work more than 40 hours in a workweek.
What is a workweek?
A “workweek” is defined as one period of 168 hours, or seven consecutive twenty-four hour periods. The workweek may start at any time, as long as the starting day and time are applied consistently.
What does the law say about overtime pay?
- The Fair Labor Standards Act (FLSA) does not limit the number of hours an employer can require an employee to work, but if the work hours exceed 40 hours, the employee must be paid overtime.
- The rate of overtime pay is one and one-half times the employee’s regular rate of pay, and must be paid in wages, not in goods or time off.
- Overtime pay earned during a particular workweek must be paid on the workweek’s normal pay day.
- Employees who are eligible for overtime pay may not waive their right to receive overtime.
- Effective August 23, 2004, U.S. Department of Labor regulations state that all employees are automatically entitled to receive overtime pay if they earn less than $455 per week, or $23,660 per year.
- The FLSA requires that employers pay the same wages to all workers performing the same job, regardless of race, color, national origin, religion, sex, age or disability.
Are some workers not covered by overtime laws?
Workers who are not covered by the minimum wage and overtime laws are sometimes referenced as being “exempt.” Such workers include:
- Executives
- Professionals
- Outside salespeople
- Small farm employees
- Computer specialists
- Apprentices
- Seamen and fishermen
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