What Are Some Laws Regarding Overtime Hours and Pay?


Quick Answer

The Fair Labor Standards Act requires employers to pay eligible workers one and a half times their regular pay rate if they work more than 40 hours in a workweek. The law bases an employee's eligibility for overtime on salary and type of job. Most hourly workers are eligible for overtime, and salaried individuals are automatically eligible if they make less than $455 a week as of 2015, explains the Economic Policy Institute.

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Full Answer

The law exempts salaried employees who earn more than $455 a week from overtime pay if the workers are administrators, executives or professionals. Each of those categories has a list of duties that determine whether employees meet those classifications. For instance, the law examines whether employees are supervisors who oversee other workers, notes the Economic Policy Institute.

When calculating overtime pay for eligible workers, employers must include bonus payments as part of the regular pay rate, according to the U.S. Department of Labor. Although the law requires overtime pay after 40 hours in a single workweek, there are no requirements about when employees work those hours. The law doesn’t require additional pay for employees who work nights, weekends or holidays as long as employees don’t exceed 40 hours. The law also doesn’t limit the number of hours an employer can require an employee to work in a single day.

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