When Is Overtime Due?
For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and onehalf times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and fire fighters employed by public agencies and to employees of hospitals and nursing homes.
Some states have also enacted overtime laws. Where an employee is subject to both the state and Federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).
Other Fair Labor Standards Act (FLSA) FAQs
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Q:
What Does The Fair Labor Standards Act Govern?
A: The Fair Labor Standards Act (FLSA) sets minimum wage, overtime pay, equal pay, record keeping requirements and child labor standards. As of December 2000, workers … More -
Q:
Whom Does The Fair Labor Standards Act Cover?
A: In order for the FLSA to apply there must be an employment relationship between an employer and an employee. An employee, as distinguished from a person who is engaged … More -
Q:
When Are Pay Raises Required?
A: Pay raises are generally a matter of agreement between an employer and employee (or the employee's representative). Pay raises to amounts above the Federal minimum … More -
Q:
Is Extra Pay Required For Weekend Or Night Work?
A: Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require … More -
Q:
How Is Vacation Pay, Sick Pay, And Holiday Pay Computed And When Is Such Pay Due?
A: The FLSA does not require payment for time not worked, such as vacations, sick leave or holidays (Federal or otherwise). These benefits are matters of agreement … More -
Q:
How Is Severance Calculated And When Is It Due?
A: workweek and time and onehalf an employee's regular rate for time worked over 40 hours in a workweek. There is no requirement in the FLSA for severance pay. … More -
Q:
When Must Breaks And Meal Periods Be Given?
A: The FLSA does not require breaks or meal periods be given to workers. Some states may have requirements for breaks or meal periods. If you work in a state which does … More -
Q:
Are Periodic Performance Evaluations Required?
A: The FLSA does not require performance evaluations. Performance evaluations are generally a matter of agreement between an employer and employee (or the employee's … -
Q:
When Is Double Time Due?
A: The FLSA has no requirement for double time pay. This is a matter of agreement between an employer and employee (or the employee's representative). -
Q:
How Many Hours Per Day Or Per Week Can An Employee Work?
A: The FLSA does not limit the number of hours per day or per week that employees aged 16 years and older can be required to work.
Labor and Employment Sub-categories
Wrongful Termination of Employment
Wrongful Termination of Employment
Increased Federal Minimum Wage
Non-Compete Agreements
Off-The-Clock Work Time