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Overtime
 
 
National Summary

The Fair Labor Standards Act (FLSA) requires enterprises engaged in interstate or foreign commerce and state and local governments to pay overtime of 1 1 2 times an employee's regular rate of pay for hours worked in excess of 40 hours in a workweek. There are several overtime pay requirements outlined by the FLSA and its regulations, such as properly calculating a workweek, when to pay overtime, what notices an employer must post in the workplace, the fact that the right to overtime protection may not be waived by an employee, and properly calculating employees' regular rates of pay. Certain executive, professional administrative, computer professional, outside sales, and highly compensated employees may be exempt from the overtime rules.


 
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151974faqs.aspxQuestions & AnswersAre we using "flex" hours correctly? National
153768timesavers.aspxChecklistsAudit Checklist: Safe Harbor for Improper Deductions National
159289faqs.aspxQuestions & AnswersCan a non exempt employee work a holiday and take another day off without being paid overtime or must a non exempt employee be paid a premium when working a holiday? These are hotel and food service workers. National
151946faqs.aspxQuestions & AnswersCan a non-union manufacturing company require some employees to work overtime on Saturday or Sunday? If they say no, can company make them work? National
155321faqs.aspxQuestions & AnswersCan an employee who is in a exempt position work in a different capacity on-call and be hourly and not paid overtime? National
158274faqs.aspxQuestions & AnswersCan I have an exempt employee fill in for a nonexempt employee after her normal shift is over and pay her on an hourly basis for added hours worked as a nonexempt person? National
151953faqs.aspxQuestions & AnswersCan you tell me if time off for a worker compensation issue is considered productive or non-productive time, i.e., if a person works 3 1/2 hour days and is off 8 hours for a worker comp injury, would we need to pay overtime based on the total hours? National
151977faqs.aspxQuestions & AnswersDo we have to allow additional time paid for employees to put on gowns and remove them? National
159214faqs.aspxQuestions & AnswersDo you have a policy for giving exempt employees compensatory time? Specifically, when employees travel for the company on weekends, the company would like to show their appreciation by giving them an additional day of PTO.  National
156358faqs.aspxQuestions & AnswersDoes training time have to be included in hours worked when calculating overtime? For example: A full-time employee attends 2 hours of required in-service education which results in 42 hours of paid time. Do the 2 training hours have to be paid at th National
152989timesavers.aspxPoliciesEmployee Workweek Guidelines National
155394faqs.aspxQuestions & AnswersHow does a company that pays on a semi-monthly basis calculate overtime? National
151943faqs.aspxQuestions & AnswersHow much do you pay for OT on a tipped ee whose reg rate of pay is below min wage (2.30)? National
151949faqs.aspxQuestions & AnswersI am looking to see if it is still Over 40 and over 8 for overtime laws in Ca. and is it double time on Sundays? National
151969faqs.aspxQuestions & AnswersI believe that under FLSA, nonexempt employees can be given comp time (at 1.5 times hours worked) for OT if taken within the same pay PERIOD. Is this right? National
151957faqs.aspxQuestions & AnswersI have a exempt employee who is required to work over 40 hours because of an owner. Can I pay this individual for the hours over 40 without effecting other exempt employees? National
151944faqs.aspxQuestions & AnswersI have a non-exempt, full-time employee. She wants to do some additional work, in a different department, after her regular duties. She already works 40 hours/week. Can we accomodate this request? National
151942faqs.aspxQuestions & AnswersI have a nonexempt employee who would like to accumulate comp time and use it at a later date. She indicated that she would sign a waiver that she would not file a claim with the DOL for overtime not paid. Should I allow her to do this? National
151966faqs.aspxQuestions & AnswersIf a non-exempt employee in Washington, DC works 4 10-hour days then takes the 5th day as vacation, does that employee get 8 hours of overtime pay because he has already worked the 40 hours required? National
151939faqs.aspxQuestions & AnswersIf a normal workweek is 38.5 hrs, but the employees are paid for 40 hrs, do we have to pay OT when we ask them to go to another office to fill in and they work 39 or 39.5 hours? National
151961faqs.aspxQuestions & AnswersIn Texas, how do you calculate overtime for Hourly employee's who are paid on a semi-monthly basis? National
151954faqs.aspxQuestions & AnswersIn the state of Maryland can an exempt employee receive Comp Time for hours worked over 40? National
151941faqs.aspxQuestions & AnswersIn the state of Oklahoma is an non-exempt employee owed overtime for a week with a holiday? National
151973faqs.aspxQuestions & AnswersIn the State of Texas is there any way a person could be classified as a salary non-exempt, but not be paid overtime until working over 44 hours in a week?  National
155095faqs.aspxQuestions & AnswersIs comp time legal? National
151962faqs.aspxQuestions & AnswersIs it legal to hire a temporary employee but will be working more than 40 hours per week? National
151958faqs.aspxQuestions & AnswersIs it legal to tell hourly employees who normally work 8 hours that it will be "mandatory" to work a certain period of time (a three week period) for ten hours a day, including weekends. National
151978faqs.aspxQuestions & AnswersIs it permissable to have an employee who works at separate locations doing the same job function at different rates depending on location?  National
151960faqs.aspxQuestions & AnswersIs overtime solely voluntary or can it be mandated? National
159295faqs.aspxQuestions & AnswersIs the fluctuating workweek OT calculation under FLSA prohibited in some states? If so, which ones? National
151965faqs.aspxQuestions & AnswersIs there any legal requirement to recognize paid jury duty time off as time worked toward achieving 40 hrs per week, for overtime calculations? National
151952faqs.aspxQuestions & AnswersIs travel time for an hourly employee who attends an out of state training program considered overtime? National
154094faqs.aspxQuestions & AnswersMay employees waive their right to be compensated for overtime hours worked?  National
151959faqs.aspxQuestions & AnswersNeed the definition of "hours worked" in regards to the payment of overtime in California. National
151947faqs.aspxQuestions & AnswersOur company policy states "NO Overtime without Prior Approval". We have an employee that continuously works overtime without prior approval. We pay the OT hours, but is there something in the laws that protects the employer? National
151940faqs.aspxQuestions & AnswersOur company policy states that overtime will be paid in excess of 8 hrs/day or 40 hrs/week. Can we allow employees to work 4 hrs. one day and 12 the next using the extra 4 to compensate for the previous day and not pay OT? We are in Colorado. National
151948faqs.aspxQuestions & AnswersOur nurses work 12 hour shifts and are paid OT at the rate of 1.5 times their wage rate/hr for all hrs over 40. We have other departments who are paid OT at the rate of 1.5 their wage rate/hr for all hours over 8 daily. What are your thoughts on this National
151964faqs.aspxQuestions & AnswersOur workweek is 35 hours plus we pay lunch breaks of 1 hour each day totaling 40 hours paid. If our employees work 36 hours (paid for 41 hours), is that extra hour considered overtime? National
153488index.aspxOverviewOvertime Overview National
152988timesavers.aspxPoliciesOvertime Policy National