Question: When is overtime due?
Answer: For covered, nonexempt employees, the Fair Labor Standards Act (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 firefighters employed by public agencies and to
employees of hospitals and
nursing homes.
Some states also have
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).
Related Links:
elaws FLSA Advisor (FAQs)
elaws FLSA Advisor
More Information on FLSA
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