Important: The federal minimum wage rate was increased in phased increments by the Fair Minimum Wage Act of 2007. The minimum wage rate required will vary depending upon the rate in effect at the time the work was performed.
The Fair Labor Standards Act
(FLSA) requires that covered, nonexempt employees in the United States be paid
at least the federal minimum wage for each hour
worked and receive overtime pay
at one and one-half times the employee's regular rate of pay for all hours worked
over 40 in a workweek. FLSA overtime pay is due on the regular pay
day for the period in which the overtime was worked. The overtime pay
requirement may not be waived by agreement between the employer and the
employee. The overtime pay requirement cannot be met through the use of
compensatory time off (comp time) except under special circumstances applicable
state and local government employees.
The FLSA contains a number of exemptions from its minimum wage and/or overtime pay requirements. An employee who is exempt from the overtime pay requirements is not entitled to receive FLSA overtime pay. Therefore, we recommend you review a list of common exemptions before using the FLSA Overtime Calculator Advisor.
Nothing in the FLSA or the Department's regulations prevents
an employer from paying an employee at or above the minimum wage or at a higher
overtime rate of pay. In addition, a number of states have enacted minimum
wage and overtime pay laws, some of which provide greater worker protections
than those provided by the FLSA. In situations in which an employee is
covered by both federal and state wage laws, the employee is entitled to the
greater benefit or more generous rights provided under the different parts of
each law. More information about state laws may be found through the state labor offices.