Overtime Pay

The Fair Labor Standards Act (F.L.S.A.) establishes overtime pay, minimum wage, recordkeeping, and youth employment standards that affect employees in the private sector, as well as in Federal, State, and local governments.

Overtime Pay
For covered, nonexempt employees, the Fair Labor Standards Act (F.L.S.A.) requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work during a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and firefighters employed by public agencies and to employees of hospitals and nursing homes.
Covered, nonexempt employees must receive overtime pay for hours worked over 40 per workweek at a rate not less than one and one-half times the regular rate of pay.  A workweek is defined by the U.S. Department of Labor as “any fixed and regularly recurring period of 168 hours” or “seven consecutive 24-hour periods”. There is no limit on the number of hours employees 16 years or older may work in any workweek. The F.L.S.A. does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days.
Some states also have enacted overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay). 

Minimum Wage
Covered, nonexempt workers are entitled to a federal minimum wage of at least $6.55 per hour, effective July 24, 2008, and $7.25 per hour effective July 24, 2009.  Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage.  Hours worked ordinarily include all the time during which an employee is required to be on the employer’s premises, on duty, or at a prescribed workplace.

Recordkeeping
Employers are required to display an official poster outlining the requirements of the F.L.S.A. Employers must also keep employee time and pay records.

Youth Employment
F.L.S.A. youth employment provisions protect the educational opportunities of minors and prohibit employment in jobs and under conditions detrimental to health or well-being.
If you or a family member has legal questions about employment issues and the F.L.S.A, please contact D. Miller & Associates, P.L.L.C. to schedule a free initial consultation.