When Is Overtime Pay Due?
For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half 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). For example, in California, overtime is due after 40 hours of work or after 8 hours of work per day.
Other Labor and Employment 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. -
Q:
Can An Employer Use Arrest And Criminal Records To Reject A Job Applicant?
A: There have been some cases where the EEOC has found the blanket use of arrest or criminal records as a basis for rejecting job applicants to be unlawful … More -
Q:
How Many Hours Is Full-Time Employment? How Many Hours Is Part-Time Employment?
A: This is a matter generally determined by an employer. Many people mistakenly believe that full-time employment consists of 40 hours per week. However, the … More -
Q:
When Must Break 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:
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:
Does The Law Guarantee Paid Time Off?
A: No. The FMLA only requires unpaid leave. However, the law permits an employee to elect, or the employer to require the employee, to use accrued paid leave, such as … 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:
Can I Be Fired From Work For No Reason?
A: Generally, yes. The general rule is that unless there is an agreement stating otherwise, all employees are considered “at-will" employees. As an … More -
Q:
What Is "Good Cause" for Being Terminated or Fired?
A: If there is an agreement that protects you from being fired without “good cause,” then before the employer terminates you, the employer must be able … More -
Q:
Does My Employer Have To Give Me Notice Before I Can Be Fired Or Laid Off?
A: It depends. If you are considered an “at-will” employee, your employer can terminate your employment without notice. However, if you have … More
