The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. If you are paid on a salary basis but do not have the job duties listed under one of these exemptions, you are likely a non-exempt salaried employee and entitled to overtime pay. Contact an overtime law attorney today and get the legal help you deserve. Since overtime pay starts after 40 hours worked a week (according to FLSA rules), calculate the employee’s regular wages using the regular hourly rate. If you expect the employee to work 40 hours a week, you can skip this step since the regular wages will be the same as the weekly salary.

Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days. Employees who are not covered by the FLSA’s overtime and minimum wage requirements are considered “exempt.” In a general sense, most exempt employees fall under the law’s “white collar exemptions,” which define workers who aren’t entitled to overtime. Receiving a salary is one of the exemption’s three criteria, but many salaried employees don’t meet the other two, and are thus entitled to overtime pay. The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009.


Misclassification often involves claiming that the worker is an independent contractor and not protected under FLSA guidelines. Employers are required to post a sign in every workplace where notices to employees are normally posted to inform employees of their rights. Under the law, any freelance worker can file a confidential complaint with the NY DOL. The professional exemption is relevant to a majority of employees in most architectural firms because it relates to determining whether design professionals and registered architects can be classified as exempt.

Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. If you’re not sure if your salaried employees qualify for overtime pay, talk to a labor attorney; that way, you can be sure that you’re paying your employees appropriately—and aren’t unknowingly violating any overtime laws (and putting your business at risk in the process). An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. All businesses have an incentive to manage their costs of doing business, and paying employees overtime pay is an expensive proposition. Under the Department of Labor (DOL) rules, businesses are not required to pay an employee overtime if the employee is considered “exempt” from the overtime pay requirements.

Fact Sheet on the Overtime Pay Requirements of the Fair Labor Standards Act (FLSA) (PDF)
Provides general information concerning the application of the overtime pay provisions of the FLSA. No, you won’t have to set up time clocks for your executives, but you will have to keep records to make sure these employees are making more than the minimum. You can choose how to keep those records as long as they meet FLSA requirements.

How Much Is Overtime For Workers With A Salary?

The Biden administration calls for automatically raising the overtime threshold every three years, to keep pace with rising wages. In the waning days of the Obama administration, the Labor Department ordered a similar increase, boosting the threshold from $23,660 to $47,476. The Trump administration then crafted its own rule, using the $35,000 threshold that’s in place today. The administration estimates the measure would make about 3.6 million salaried workers eligible for time-and-a-half pay.

Never assume your employee classification assigned to you is accurate until you have spoken with a legal professional in this area of employment law. The DOL regulations don’t specifically state that records must be kept for exempt employees, but if you have exempt employees whose weekly pay is close to the overtime cutoff ($684 per week), you might want to have those employees complete a timesheet. Employers must now give notice of eligibility for unemployment insurance when they reduce hours to the point an employee works less than 30 hours a week and earns less than $504 per week. Accordingly, employers have an incentive to characterize employees as exempt. This incentive must be balanced, however, with the need to remain compliant with applicable labor laws.

As a result, employees who make $684 per week or less (or $35,568 per year) are eligible for overtime pay. The DOL states that overtime is one and one-half times (time and a half) regular pay, but your company can choose to pay a higher overtime rate. Yes, many salaried employees are entitled to overtime pay under the protections of the Fair Labor Standards Act (FLSA). But the amount of money you make is only one part of the overtime equation. The Labor Department puts a greater emphasis on what kind of work you do. So figuring out whether or not you are entitled to overtime is actually more complicated than meeting a salary threshold.


This fact sheet provides general information concerning the application of the overtime pay provisions of the FLSA . Or, further review of your hours or job specification may reveal that you are not eligible for overtime. The first thing you should know is that there are some legal guidelines concerning overtime pay. If you receive a salary, your job contract might specify a certain number of hours that you’re expected to work each week. First, find this number and then use it to divide the amount of money you’re guaranteed for a week’s work. It’s not uncommon for a company to purposely misclassify an employee as exempt from overtime to save on payroll costs.

Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.

But some employees, because of the nature of their work, are considered to be “exempt” from overtime pay. The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek.

Employee overtime compensation

The department will consider all comments received before publishing a final rule. Learn more about the proposed rule and instructions for submitting comments. Today’s announcement follows months of extensive outreach to employers, workers, unions and other stakeholders, which included the department holding 27 listening sessions with more than 2,000 participants to inform the proposed rule. Be aware that working overtime can have detrimental effects including injuries, weight gain, and other negative health issues according to the Centers for Disease Control and Prevention (CDC). Plus, those extra hours in the office or that additional shift during the week are not necessarily going to lead to your best performance; Feeling fatigued or worn down is not a good recipe for productivity.

The FLSA does not require overtime pay for nights, weekends, or holidays unless the hours push the worker over the 40-hour threshold. Many employers have policies in place to add a differential to the wages of workers who work evenings, weekends, or holidays, but this is voluntary. When an employee is entitled to overtime pay, the rate cannot be less than one and a half times (time and a half) an employee’s regular rate of pay. For example, if your hourly rate of pay is $10/hour, the overtime rate is $15/hour. For example, Alaska, California, Nevada, Puerto Rico, and the Virgin Islands have daily overtime laws for employees who work over eight hours a day.

As clerical workers are exempt from the weekly pay requirement and deemed non-manual workers, this new law will increase the minimum salary rate for employers relying on the clerical worker exemption to Section 191 to $67,600 per year. Employers may use nondiscretionary bonuses and incentive payments (including commissions) paid on an annual or more frequent basis, to satisfy up to 10 percent of the standard salary level. Additionally, if after the 52-week period, the employer has not met its financial obligation, the employer can make a final “catch-up” payment within one pay period after the end of the 52-week period to bring an employee’s compensation up to the required level.

Deixe um comentário

O seu endereço de e-mail não será publicado. Campos obrigatórios são marcados com *