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Overtime
National Summary
What is overtime? The Fair Labor Standards Act (FLSA) requires enterprises engaged in interstate or foreign commerce and state and local governments to pay overtime of 11/2 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 (HCEs) may be exempt from the overtime rules.
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166944index.aspxQuestions & Answers An employee is on salary but he/she went ahead work more than 8 hours daily due to busy time of the month. Is the person eligible for overtime pay?  National
166660index.aspxQuestions & Answers Are shift differentials included when calculating overtime? We consider the shift differential a bonus.  National
151974index.aspxQuestions & Answers Are we using "flex" hours correctly?  National
159289index.aspxQuestions & Answers Can 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
151946index.aspxQuestions & Answers Can 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
155321index.aspxQuestions & Answers Can an employee who is in a exempt position work in a different capacity on-call and be hourly and not paid overtime?  National
158274index.aspxQuestions & Answers Can 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
159974index.aspxQuestions & Answers Can someone be employed by Company A full time and Company Y part time if there is common ownership of the companies?  National
166980index.aspxQuestions & Answers Can we deduct from an employee's pay for the hours he worked volutarily without prior approval?  National
151953index.aspxQuestions & Answers Can 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
151977index.aspxQuestions & Answers Do we have to allow additional time paid for employees to put on gowns and remove them?  National
159214index.aspxQuestions & Answers Do 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
156358index.aspxQuestions & Answers Does 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
170230index.aspxGuidance DOL's Final Overtime Exemption Rule Released: What the Changes Mean for Your Organization (10/2019)  National
152989tools.aspxPolicies Employee Workweek Guidelines  National
159497index.aspxQuestions & Answers How do we calculate the overtime rate if we pay an employee a monthly attendance bonus?  National
155394index.aspxQuestions & Answers How does a company that pays on a semi-monthly basis calculate overtime?  National
151943index.aspxQuestions & Answers How much do you pay for OT on a tipped ee whose reg rate of pay is below min wage (2.30)?  National
160436index.aspxQuestions & Answers Hypothetically, if a full time salaried manager works many hours overtime, is he entitled to be paid overtime?  National
151949index.aspxQuestions & Answers I 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
151969index.aspxQuestions & Answers I 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
151957index.aspxQuestions & Answers I 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
151944index.aspxQuestions & Answers I 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
151942index.aspxQuestions & Answers I 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
151966index.aspxQuestions & Answers If 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
151939index.aspxQuestions & Answers If 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
159613index.aspxQuestions & Answers If an employee voluntary attends a certification course on a weekend (employee normally works Mon-Fri) do we have to pay overtime to that employee if the hours spent in the training result in more than 40 for the week?  National
151961index.aspxQuestions & Answers In Texas, how do you calculate overtime for Hourly employee's who are paid on a semi-monthly basis?  National
151954index.aspxQuestions & Answers In the state of Maryland can an exempt employee receive Comp Time for hours worked over 40?  National
151941index.aspxQuestions & Answers In the state of Oklahoma is an non-exempt employee owed overtime for a week with a holiday?  National
151973index.aspxQuestions & Answers In 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
155095index.aspxQuestions & Answers Is comp time legal?  National
151962index.aspxQuestions & Answers Is it legal to hire a temporary employee but will be working more than 40 hours per week?  National
151958index.aspxQuestions & Answers Is 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
151978index.aspxQuestions & Answers Is it permissable to have an employee who works at separate locations doing the same job function at different rates depending on location?  National
151960index.aspxQuestions & Answers Is overtime solely voluntary or can it be mandated?  National
159295index.aspxQuestions & Answers Is the fluctuating workweek OT calculation under FLSA prohibited in some states? If so, which ones?  National
151965index.aspxQuestions & Answers Is there any legal requirement to recognize paid jury duty time off as time worked toward achieving 40 hrs per week, for overtime calculations?  National
151952index.aspxQuestions & Answers Is travel time for an hourly employee who attends an out of state training program considered overtime?  National
154094index.aspxQuestions & Answers May employees waive their right to be compensated for overtime hours worked?  National
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