Wages and Hours
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Overtime |
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Frequently Asked Questions |
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An employer who requires or permits an employee to work overtime is
generally required to pay the employee overtime premium pay for such work.
Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime
pay for hours worked in excess of 40 in a workweek of at least one and one-half
times their regular rate of pay. The FLSA contains some exceptions (or exemptions) from the overtime pay requirement. Some exemptions apply to specific types of businesses and others apply to specific types of work. The FLSA does not require overtime pay for
work on Saturdays, Sundays, holidays, or regular days of rest unless those hours exceed 40 for the workweek.
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 extra pay for weekend or night work or double time
pay.
The FLSA provides an exemption from both minimum wage and overtime pay
for employees employed as bona fide
executive,
administrative,
professional,
and outside
sales employees. It also exempts certain
computer
employees. To qualify for exemption, employees generally must meet certain
tests regarding their job duties and be paid on a salary basis at not less than
$455 per week. Job titles do not determine exempt status. In order for an
exemption to apply, an employee's specific job duties and salary must meet all
the requirements of the Department's regulations. The FLSA contains other exemptions which are applicable to specific types of work or to specific types of businesses.
BASIC INFORMATION
FACT SHEETS
E-TOOLS
POSTERS
Every covered employer must keep certain records for each non-exempt worker. The Fair Labor Standards Act (FLSA) requires no particular form for the records, but does require that the records include certain identifying information about the employee and data about the hours worked and the wages earned. For a listing of the basic records that an employer must maintain, see the FLSA recordkeeping fact sheet.
- The Fair Labor
Standards Act (FLSA) - Establishes minimum wages, overtime pay, record
keeping, and child labor standards for private sector and government
workers.
- 29 CFR Part 541 -
Regulation governing exemption from minimum wage and overtime pay requirements for certain employees in executive, administrative, professional, outside sales, and computer-related occupations.
- 29 CFR Part 778 -
Regulation on overtime compensation.
- State Labor Offices - When the state laws differ from the federal Fair Labor Standards Act (FLSA), an employer must
comply with the standard most protective to employees.
- State Labor Laws
- Employment Standards Administration (ESA)
Wage and Hour Division
200 Constitution Avenue, NW
Room S-3502
Washington, DC 20210
Contact WHD
Tel: 1-866-4USWAGE (1-866-487-9243)
TTY: 1-877-889-5627
Local Offices
- For questions on other DOL laws,
please call DOL's
Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English
and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time.
Additional service is available in more than 140 languages through a
translation service. Tel: 1-866-4-USA-DOL TTY: 1-877-889-5627
*Pursuant to the U.S. Department of Labor's Confidentiality Protocol
for Compliance Assistance Inquiries, information provided by a telephone caller
will be kept confidential within the bounds of the law. Compliance assistance
inquiries will not trigger an inspection, audit, investigation, etc.
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