We have a summary of the federal Fair Labor Standards Act (FLSA) and state-specific overtime laws below. Please contact your state-specific Department of Labor with any overtime specific questions.
Fair Labor Standards Act (FLSA)
The Department of Labor states:
“For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek.
- Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. Additionally, workplaces that are governed by collective bargaining agreements may be exempt from the FLSA and will have separate overtime standards that they will need to follow.
Some states have their own overtime laws. In cases 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 overtime pay).
- Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative).”
Types of Overtime
The federal baseline for overtime is 1.5 x RRP (regular rate of pay) for all hours over 40 in a week.