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For covered, nonexempt employees, the
Fair Labor Standards Act (FLSA)
requires overtime pay (PDF) to be at least one and
one-half times an employee's regular rate of pay after 40 hours of work in a
workweek. Some exceptions apply under special circumstances to police and
firefighters and to employees of hospitals and nursing homes.
Some states have
overtime laws. In cases 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 overtime pay).
Extra pay for working weekends or nights is a matter of agreement
between the employer and the employee (or the employee's representative).
The Contract Work Hours
and Safety Standards Act (CWHSSA) requires contractors and subcontractors
on most federal contracts over $100,000 for services or construction to pay
laborers and mechanics at least one and one-half times their basic rate of pay
for all hours worked over 40 in a workweek. CWHSSA also applies to most
federally assisted construction contracts.
DOL Web Pages on This
Topic
Compliance
Assistance: Overtime
FairPay Web
Site
The Department of Labor has revised and clarified the overtime
provisions of the Fair Labor Standards Act. The FairPay site contains helpful
fact sheets explaining these changes and also includes the revised regulations
and an online training program to make this transition easy for employers and
employees.
FairPay Fact Sheets
By Occupation
Consult these fact sheets for specific information about
changes to overtime pay in your occupation.
FairPay Fact Sheets
By Exemption
Consult these fact sheets for specific information about
changes to overtime pay for certain exempt employees.
"When Is Overtime Due?"
Information about overtime from the elaws FLSA Advisor.
"Is Extra Pay Required For
Weekend Or Night Work?"
Additional information about overtime pay from
the elaws FLSA Advisor.
"When Is Double Time
Due?"
Additional information about overtime pay from the elaws FLSA
Advisor.
Fact Sheet on the
Overtime Pay Requirements of the Fair Labor Standards Act (FLSA) (PDF)
Provides general information concerning the application of the overtime pay
provisions of the FLSA.
Handy Reference Guide
to the Fair Labor Standards Act
Answers many questions about the FLSA
and gives information about certain occupations that are exempt from the
Act.
Coverage Under the
Fair Labor Standards Act (FLSA) Fact Sheet
General information about
who is covered by the FLSA.
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