Who is Covered, Eligible for Overtime Pay?

If you are covered by the Fair Labor Standard Act (FLSA ) you must be paid one and one half (1.5) your regular hourly pay rate for hours in excess of your 40 hours workweek.

You can be covered by the law in two ways:

• Enterprise Coverage
  
  • if you work for a business or organization or enterprise which has at least two employees, and that has an annual dollar volume of sales or business done of at least $500,000.
  • if you work in a hospital, a businesses providing medical or nursing care for residents, a school, a institution for higher education, or a federal, state or government agency.

• Individual Coverage
  
  • if your work regularly involve you in commerce between States ("interstate commerce"). Individuals are covered if they are "engaged in commerce or in the production of goods for commerce" - for example a secretary typing letters in an office - that will be sent out of state, regularly make telephone calls to persons located in other States, handle records of interstate transactions, travel to other States on their jobs, and do janitorial work in buildings where goods are produced for shipment outside the State.
  • if you are a domestic service worker - housekeeper, full-time babysitter, or a cook, chauffeur - but your work must not exceed 20% or more of companionship services during your workweek.  
  Job titles are irrelevant for determine overtime pay eligibility. Coverage is based on occupation, wage or salary and job duties.