Employment » Wage and Hour » Federal Overtime Law

Federal Overtime Law

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 Requirement 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-a-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 and 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 consultations are available with our employment lawyers by calling (866) 981-4800 or by filling out the form to the right