Overtime Pay

Most employees in the U.S. are eligible for overtime pay when their work hours exceed a certain amount. Employees must understand the overtime rules to ensure their employer pays them the correct amount. Underpaying overtime is a common type of wage and hour theft.

This page gives an overview of the overtime pay rules. Because labor laws vary by state, consult a wage and hour law attorney in a city near you for the best advice about your wage dispute.

What Are the Federal Laws for Overtime?

The U.S. Department of Labor’s Fair Labor Standards Act (FLSA) regulates federal minimum wage and overtime protections. Under the FLSA, employers must pay non-exempt employees premium pay of at least one and a half times (time and a half) the employee’s regular rate of pay for hours worked over 40 in a work week. Overtime pay is due on the regular payday for the pay period when the employee worked overtime.

The FLSA does not limit the number of hours of work for employees 16 years old or older. However, there are strict labor law restrictions for workers under the age of 16.

The FLSA does not require overtime wages for regular days of rest, such as weekends and holidays, unless employees work overtime hours on those days. Working Saturday, Sunday, or holidays does not automatically entitle you to time and a half. However, some employers and labor contracts provide time and a half for working holidays or Sundays.

What Employees Does the FLSA Cover?

The FLSA covers most employees. Under enterprise coverage, the FLSA applies to employees who work for an employer with at least $500,000 per year in sales and at least two employees. The FLSA also applies to hospitals, nursing homes, schools, preschools, and government agencies.

With individual coverage, the FLSA applies to employees whose work regularly involves them in commerce or the production of goods, like factory workers or people who travel to other states for their jobs. Domestic service workers, such as maids or full-time babysitters, qualify for individual coverage under the FLSA.

Which Employees Are Exempt From Overtime Laws?

The FLSA classifies employees based on whether they are eligible for overtime compensation. Employee classes are exempt or non-exempt workers. Employers must pay non-exempt employees for overtime, but not for exempt employees. The overtime exemption typically applies to salaried employees and employees with unconventional job duties, work schedules and tasks.

The FLSA lists the following categories of exempt employees:

• Administrative employees
• Computer employees
• Executives
• Outside sales employees
• Professionals

Do Employees Who Work Outside the Office Get Overtime?

Technology allows many employees to work outside of the office. The FLSA does not distinguish between overtime work performed at the office and remote overtime work. Employers must pay non-exempt employees overtime when required, regardless of whether the employee works in the office or from home.

The required and permitted language means that employers should provide written authorization for employees to earn overtime while working outside the office. Check with a local employment law attorney to understand the overtime laws for your job.

What Are the State Overtime Laws?

Some states have more protective overtime laws. Employees subject to both state and federal overtime laws are entitled to overtime according to whichever law pays the higher overtime pay.

For example, California has state overtime laws. In addition to requiring overtime for working more than 40 hours in a work week, employees also receive overtime pay when they work more than eight hours in a single workday. The overtime rate increases to double the employee’s regular hourly rate (double time) for working more than 12 hours in a day. In addition, California requires overtime pay for employees who work seven consecutive days in a given workweek, regardless of which day it ends.

On the other hand, Florida overtime laws largely follow the FLSA. Texas also follows the FLSA but has additional limitations. Hospitals cannot require nurses to work overtime. Nurses can work overtime if they so choose.

Get a Lawyer To Protect Your Overtime Payments

Many workers appreciate working overtime to get more money. If you are working overtime, you deserve to be fully paid for your time. If your boss is withholding overtime pay, you can file a lawsuit to recover damages. Under the FLSA, you can get double damages for wrongfully withheld overtime pay.In some cases, your employer also has to pay your legal costs. Talk to a wage and hour employment lawyer to protect your rights and represent you in court.