When Does An Employer Have To Pay Overtime?

Overtime pay is one and one­half times the regular rate of pay. An employer must pay overtime to non­exempt employees for all hours actually worked in excess of 40 hours in a workweek. You may work more than 8 hours in a day or work more than a regularly scheduled shift, and still not exceed 40 hours of actual work in a workweek. If your employer pays you for hours not actually worked, such as for a holiday or a sick day, then those hours do not count as hours actually worked for the purpose of state and federal overtime law.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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