Does an employer have to pay its employees overtime if they work more than eight hours in a day?

Author: Michael Cardman, XpertHR Legal Editor

The federal Fair Labor Standards Act (FLSA) does not require an employer to pay its employees overtime just because they work more than eight hours in a day. (Of course, if working more than eight hours in a day results in the employees working more than 40 hours in a workweek, the employees will be owed overtime.) However, two states have overtime laws for employees who work more than eight hours in a day:

  • In California, employees are owed one and one-half times their regular rate of pay for all hours worked in excess of eight hours up to and including 12 hours in any workday and double their regular rate of pay for all hours worked in excess of 12 hours in any workday; and
  • In Nevada, employees are owed one and one-half times their regular rate of pay for all hours worked in excess of eight hours in any workday.
  • Also, an employment contract or collective bargaining agreement may require the payment of overtime for work on a Saturday or Sunday.