When is overtime Due?

2009-07-26T11:44:00.000-07:00

Question: From James: Our company works an unusual work week with employee’s working nights and weekends. Exactly when is Over Time due?

Answer: Overtime laws vary from State to State so be sure to check our links page for your states employment laws.

Meanwhile this is the official answer from The US Department of Labor:

For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) 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 in 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.

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).

See the more at the official DOL website:

http://webapps.dol.gov/dolfaq/go-dol-faq.asp?faqid=320&faqsub=Work+Hours&faqtop=Wages+%26+Work+Hours&topicid=1

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When is overtime Due?