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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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170283index.aspxGuidance DOL Guidance: Are You Doing OT Correctly? Could You Save $ with the New Rules? (7/2020) 08/31/2020National
170230index.aspxGuidance DOL's Final Overtime Exemption Rule Released: What the Changes Mean for Your Organization (10/2019) 02/13/2020National
170232index.aspxGuidance Overtime Calculations Done Right Under Federal Law: Do's and Don'ts for FLSA Compliance (9/2019) 02/13/2020National
170233index.aspxGuidance Overtime Exemption Misclassifications: How to Spot and Fix Errors While Minimizing Legal Risks (9/2019) 02/13/2020National
169404tools.aspxPolicies Overtime 03/10/2017National
168537tools.aspxChecklists Trainees Checklist 07/16/2015National
166980index.aspxQuestions & Answers Can we deduct from an employee's pay for the hours he worked volutarily without prior approval? 04/16/2012National
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? 03/19/2012National
166790index.aspxQuestions & Answers Some of our employees will work on the upcoming holiday. We pay employees holiday plus double-time. How does this effect the computation of overtime? 11/28/2011National
166660index.aspxQuestions & Answers Are shift differentials included when calculating overtime? We consider the shift differential a bonus. 09/23/2011National
160869index.aspxQuestions & Answers When are companies considered joint employers under the FLSA? How does that affect overtime pay for employees? 05/04/2011National
160741index.aspxQuestions & Answers We have a safety meeting that all employees attend. Are the hours attending the safety meeting considered "hours worked" for overtime purposes? 03/29/2011National
160436index.aspxQuestions & Answers Hypothetically, if a full time salaried manager works many hours overtime, is he entitled to be paid overtime? 01/10/2011National
160171index.aspxQuestions & Answers When an underpayment error in overtime is discovered what should an employer do? 11/29/2010National
160119index.aspxQuestions & Answers One of our part-time workers typically works 30 hours or less per week. If he works more hours because of an emergency, when would overtime be paid, after the 30 hours or after 40 hours? 10/29/2010National
160059tools.aspxForms Overtime Authorization Form 09/20/2010National
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? 08/23/2010National
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? 07/01/2010National
159587index.aspxQuestions & Answers When employees attend Newcomer's Orientation or go to a physician for a worker's comp injury, is it included as hours worked for overtime? What about training conducted off site? 06/11/2010National
159497index.aspxQuestions & Answers How do we calculate the overtime rate if we pay an employee a monthly attendance bonus? 04/20/2010National
159490index.aspxQuestions & Answers We don't have a budget for overtime and don't require our employees to work extra hours. On the occasion that someone works extra hours, can we give them comp time instead of overtime pay if we have provided them with an overtime rate? 04/12/2010National
159295index.aspxQuestions & Answers Is the fluctuating workweek OT calculation under FLSA prohibited in some states? If so, which ones? 10/13/2009National
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. 10/12/2009National
159264index.aspxQuestions & Answers We are paying a few employees regular hours, not by salary and not with overtime. Could we get in trouble? 09/15/2009National
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. 07/30/2009National
158314index.aspxQuestions & Answers When an employer requires an employee who is injured on the job to submit to a drug screen and obtain medical attention, is overtime required if the appointment extends beyond the employee's work hours? Also, do follow-up appointments that take place 04/16/2009National
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? 04/06/2009National
156474index.aspxAnalysis Overtime 03/04/2009National
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 01/16/2009National
155733index.aspxQuestions & Answers What is the difference between calculating the overtime rate for 10/15/2007National
155394index.aspxQuestions & Answers How does a company that pays on a semi-monthly basis calculate overtime? 12/05/2006National
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? 09/19/2006National
153768tools.aspxChecklists Safe Harbor for Improper Deductions Checklist 06/22/2006National
155095index.aspxQuestions & Answers Is comp time legal? 05/30/2006National
154094index.aspxQuestions & Answers May employees waive their right to be compensated for overtime hours worked? 06/13/2005National
152989tools.aspxPolicies Employee Workweek Guidelines 09/23/2003National
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? 07/18/2003National
151977index.aspxQuestions & Answers Do we have to allow additional time paid for employees to put on gowns and remove them? 05/16/2003National
151974index.aspxQuestions & Answers Are we using "flex" hours correctly? 04/01/2003National
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? 03/28/2003National
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