Overview: Overtime laws seem simple. When employees work more than 40 hours in a week, their employer must pay them one and a half times their regular rate of pay. So an employee who earns $10 an hour must be paid $15 an hour for every hour after 40 ...
While that general rule holds true in most cases, there are many variations that can complicate matters quickly. For example, what if an employee receives a bonus or a commission? In some cases, those payments must be factored in to the regular rate of pay. Or, what if an employee performs different jobs at different rates of pay for the same employer?
Also, not all employees need to be paid overtime on the basis of a 40-hour workweek. Certain unionized employees, medical care providers, police and firefighters can be paid according to alternative work periods as long as 28 days.
In addition, overtime laws vary among the states so it's critical that an employer follow state law when calculating employee overtime.
Trends: Employees continue to file, and win, lawsuits seeking unpaid overtime at a rapid pace. At the same time, the federal government and state labor agencies are enforcing overtime laws more aggressively than ever. There appears to be no end in sight to this trend, and employers should remain vigilant in complying with overtime laws.
Author: Michael Cardman, Legal Editor
Updated to reflect the repeal of the overtime requirement for employees of seasonal amusement and recreational establishments, effective January 1, 2018.
Updated to reflect the repeal of North Carolina's overtime requirement for employees of seasonal amusement and recreational establishments, effective January 1, 2018.
Updated to reflect new local overtime requirements under the New York City Fair Work Practices ordinances, effective November 26, 2017.
The US Department of Labor is appealing the permanent injunction blocking the Obama administration's 2016 overtime rule not to uphold the $47,476 salary threshold but rather to preserve its authority to set a lower salary threshold.
The US District Court for the Eastern District of Texas ruled that the US Department of Labor (DOL) exceeded its authority when it raised the minimum salary for most overtime-exempt employees to $47,476 last year.
Updated to reflect information on a Connecticut Supreme Court ruling limiting the use of the fluctuating workweek method of calculating overtime.
The fluctuating workweek method of calculating overtime also may not be used for delivery drivers or for sales merchandisers, the Connecticut Supreme Court ruled in Williams v. General Nutrition Ctrs., Inc.
Updated to reflect forthcoming requirements under the Oregon scheduling law.
The US Department of Labor (DOL) is asking employers to offer their feedback on a variety of questions relating to its plans to update the Fair Labor Standards Act (FLSA) overtime rules.
HR guidance on complying with federal and state employee overtime laws. Support on following rules and regulations regarding this employment law topic.