Federal Overtime Law under the FLSA

Overtime Pay Law for U.S. Employees

Since its creation in 1938, the Fair Labor Standards Act (FLSA) has required that eligible employees in the United States must receive premium pay for all hours worked beyond the "standard workweek."

Unfortunately, not all employers comply with this law. At Girard Gibbs LLP, our employment lawyers represent workers across the U.S. whose employers denied them the overtime pay they deserve.

Overtime Requirements under the Fair Labor Standards Act (FLSA)

Unless specifically exempted, employees covered by the FLSA must receive overtime pay for any time worked beyond 40 hours a week at a rate of at least one and half times their regular rate of pay.

Under the FLSA, employers are not required to pay overtime for hours worked on weekends, nights or holidays unless unless the hours worked that week exceed 40. The FLSA does not require employers to pay their employees double-time for any type of overtime, however certain states have stricter requirements, such as California's Overtime Pay Law.

Federal Overtime Law & Exempt Employees

Under the FLSA, some employees are "exempt" from federal overtime requirements. Exempt workers are typically employed as executive, administrative, professional, and outside sales employees. The FLSA also exempts certain computer employees.

However, job titles alone do not determine exempt status. To be considered exempt under federal employment law, employees generally must meet certain tests regarding their job duties and be paid on a salary basis of not less than $455 per week.

NOTE: Employers sometimes misclassify employees as exempt to avoid paying these workers overtime pay or other benefits. Learn more about Employee Misclassification.

Are you owed payment for overtime work?

Think your employer owes you pay for overtime work? Free and confidential evaluations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right.

Eric Gibbs

Dylan Hughes

Matthew George

Why Girard Gibbs LLP?

Girard Gibbs is a national litigation firm representing consumers, investors, employees, and small businesses in cases involving consumer protection, personal injury, securities, antitrust, and employment laws. The firm’s senior partners, Daniel Girard and Eric Gibbs, have been selected for inclusion in The Best Lawyers in America® 2012 and Northern California Super Lawyers, and have earned AV-Preeminent ratings from Martindale-Hubbell, recognizing them in the highest class of attorneys for professional ethics and legal skills.