Overtime Pay

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Mandatory Overtime

The federal act doesn't limit the total number of hours worked in overtime, which is the case under child labor laws. Employers may force workers age 16 and over (18 and over for hazardous duty) to work mandatory overtime hours. This is paid in overtime for eligible workers.

What is Overtime Pay?

Overtime Pay is the cash compensation for the hours eligible employees work in excess of 40 hours in a workweek (a workweek = 7x24= 168 hours). According to the Fair Labor Standard Act (FLSA ) the overtime pay rate for eligible employees is one and one-half (1.5) times their regular working hour rate of pay.

For example: if you earn $20 per hour your overtime pay rate, if you are eligible, must be at least $30 per hour:  $20 per hour x 1.5 = $30 per hour.

Normally overtime pay earned in a workweek must be paid on the regular payday for the pay period in which the wages were earned.

Workweek Definition for Overtime Pay

The federal act defines a workweek as 7x24= 168 hours, but the law doesn't provide:

  • a standard workweek from Monday through Friday from 9 to 5. An employer can start your workweek  any hour of any day. Your workweek could even differ from your colleagues. 
  • overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.
  • extra pay for working weekends or nights - that's a matter of agreement between you and your employer, unless overtime hours are worked during weekend and nights
  • overtime pay for standby duty, such as carrying a company cell phone, unless the employer imposes additional restraints such that youcannot effectively use your standby time for personal use
  • rules to limit mandatory overtime (see below)
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