How Is Overtime To Be Paid? What Are The Exceptions?

Hours worked in excess of 40 per week are to be paid at time and one half the worker's regular rate of pay. Any employee of a summer camp open no more than six months of the year, police officers, firefighters and rescue service personnel employed by the cities and towns, employees of the state of political subdivision of the state who elect through collective bargaining or other agreement or understanding to receive compensatory time off equal to one and one­half times the hours worked over 40, employees employed in a bona fide executive, administrative or professional capacity as defined by the Fair Labor Standards Act receiving a salary of at least $200 per week (the salary divided by the number of hours worked must not violate the applicable minimum wage), salaried employee of a nonprofit national voluntary health agency who may elect compensatory time off for the hours worked in excess of 40, employees including drivers, driver's helpers, mechanics and loader of any motor carrier, including private carriers, with respect to whom the U.S. Secretary of Transportation has power to establish qualifications and maximum hours of service, employee employed as a salesperson or partsperson or mechanic primarily engaged in the sale and/or servicing of automobiles, trucks or farm implements and is employed by a non­manufacturing employer primarily engaged in the business of selling vehicles or farm implements provided that the earnings exceed an amount equal to the employee's basis contractual hourly rate of pay times the number of hours actually worked plus the employee's basic contractual hourly rate of pay times one­half the number of hours actually worked in excess of 40 hours per week.

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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