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February 26, 2010
Federal FLSA Requirements for Overtime Compensation

In a BLR webinar entitled "Wage & Hour Risks in 2010: Preventing the Most Common (and Costly) Wage & Hour Mistakes," attorneys Mark E. Tabakman and Thomas C. Wigand discussed overtime compensation and address the topic of night and weekend working hours in the context of the federal Fair Labor Standards Act (FLSA). The attorneys clarified the federal requirements for overtime compensation and night and weekend working hours.

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The federal Fair Labor Standards Act (FLSA) states that covered, nonexempt employees must be paid at least 11/2 times their regular rates of pay for the time worked over 40 hours in a workweek whether worked on regular workdays, on the weekend, or at night.

The FLSA does not require extra pay for weekend work or night work. Extra pay for working during weekends or for working night shifts is generally a matter of agreement between the employer and the employee (or the employee's representative).

Mark E. Tabakman, Esq., is a partner in the nationwide law firm Fox Rothschild, LLP. He can be contacted by e-mail at

Thomas C. Wigand, SPHR, Esq., is the founder of Wigand Associates LLP, an employment advisory consulting practice based in Middletown, Rhode Island. He can be contracted by visiting

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