When Is Overtime Pay Required?

Most employees are entitled to be paid time and one­half their regular rate of pay for any time worked over 40 hours in the employer's seven­day workweek. Overtime pay is not required unless an employee actually worked more than 40 hours, so holiday, vacation or sick time does not count towards the 40 hours. There are certain exceptions, however. Agricultural workers are generally exempt from overtime. Executives, administrative, and professionals who are paid on a salary basis are exempt from overtime as are outside sales persons. (Salaried workers who do not meet the definition of executive, administrative, or professional must be paid overtime in addition to their salary.) Please contact Wage and Hour at 406­444­5600 for more information on the exceptions from overtime.

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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