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Overtime
National Summary
What is overtime? The Fair Labor Standards Act (FLSA) requires enterprises engaged in interstate or foreign commerce and state and local governments to pay overtime of 11/2 times an employee's regular rate of pay for hours worked in excess of 40 hours in a workweek. There are several overtime pay requirements outlined by the FLSA and its regulations, such as properly calculating a workweek, when to pay overtime, what notices an employer must post in the workplace, the fact that the right to overtime protection may not be waived by an employee, and properly calculating employees' regular rates of pay. Certain executive, professional administrative, computer professional, outside sales, and highly compensated employees may be exempt from the overtime rules.
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TypeTitleDateState
95260news.aspxNews 10 Sins of Employee Wage and Hour Video: Sin #5 – Failure to Properly Calculate and Pay Overtime 04/22/2014National
84471faqs.aspxQuestions & Answers An employee wants to do cleaning serivces in addition to his regular duties. We would pay a flate rate per day and he would waive overtime. Is this allowed? 01/05/2011National
81251faqs.aspxQuestions & Answers An employee worked 20 hours at one restaurant and 25 hours at another. Do we owe him 5 hours overtime? The restaurants have the same name, but not FEINs. 11/19/2009National
80793faqs.aspxQuestions & Answers An hourly employee who works 40 hours per week wants to apply for a recently posted part time cleaning position wi 09/17/2009National
89982faqs.aspxQuestions & Answers Are shift differentials included when calculating overtime? We consider the shift differential a bonus. 09/23/2011National
80659faqs.aspxQuestions & Answers Are we required to pay an employee overtime if he is working in two different jobs and departments? 09/01/2009National
82372faqs.aspxQuestions & Answers Can a nonexempt truck driver be paid on a salary basis and receive commissions? 05/25/2010National
81503faqs.aspxQuestions & Answers Can an hourly employee be paid a flat rate? For example, the employee earns $10/hr and works from Monday-Thursday 8 hours each day. On Friday, the same employee is paid a flat rate of $100. 01/06/2010National
82997faqs.aspxQuestions & Answers Can someone be employed by Company A full time and Company Y part time if there is common ownership of the companies? 07/29/2010National
91284faqs.aspxQuestions & Answers Can we deduct from an employee's pay for the hours he worked volutarily without prior approval? 04/09/2012National
90676faqs.aspxQuestions & Answers Do you have information on flexible work weeks? Besides CA, what states do not allow it? I am particularly interested in NJ, MO, and PA. 12/30/2011National
75266training.aspxHandouts Federal Overtime Requirements (PDF) (Handout)  National
75267training.aspxQuizzes Federal Overtime Requirements (Quiz)  National
76578training.aspxTraining Talks Federal Overtime Requirements (Training Talk)  National
82128faqs.aspxQuestions & Answers How do we calculate monthly bonus payments for attendance into an employee's pay rate for overtime purposes? 04/20/2010National
80965faqs.aspxQuestions & Answers How many hours must an employee work to be considered full time? 10/13/2009National
84621faqs.aspxQuestions & Answers Hypothetically, if a full time salaried manager works many hours overtime, is he entitled to be paid overtime? 01/07/2011National
81282faqs.aspxQuestions & Answers I am employing on a temporary basis a physician assistant. This position is exempt, but we would like to pay them hourly. If we are pay them hourly, but it is an exempt position, do we need to pay overtime? 11/25/2009National
81162faqs.aspxQuestions & Answers If we realize that several employees are misclassified as exempt, do we pay them back wages? If so, how much? 11/09/2009National
86030faqs.aspxQuestions & Answers In New York State can you give comp time instead of paying overtime if that is what the person wants? 03/09/2011National
91377faqs.aspxQuestions & Answers Is a shift differential included in an overtime pay calculation? Is there guidance available on overtime pay in the healthcare industry? 04/17/2012National
83601faqs.aspxQuestions & Answers One of our part-time workers typically works 30 hours or less per week. If he works more hours because of an emergency, when would overtime be paid, after the 30 hours or after 40 hours? 10/25/2010National
80467faqs.aspxQuestions & Answers Our cleaning lady recently resigned and an employee asked if she could have the position. Do we have to pay her at the rate she is currently paid? 08/13/2009National
8672timesavers.aspxPolicies Overtime  National
1189timesavers.aspxPolicies Overtime (Progressive)  National
16167timesavers.aspxPolicies Overtime (Standard II)  National
1190timesavers.aspxPolicies Overtime (Standard)  National
16166timesavers.aspxPolicies Overtime Alternative or Additional Policies  National
83372timesavers.aspxForms Overtime Authorization Form  National
1261state_comparison_charts.aspxGuidance Overtime, by State  National
91564state_comparison_charts.aspxGuidance Overtime, by State (PDF)  National
79116timesavers.aspxChecklists Safe Harbor for Improper Deductions Checklist  National
90450faqs.aspxQuestions & Answers Some of our employees will work on the upcoming holiday. We pay employees holiday plus double-time. How does this affect the computation of overtime? 11/18/2011National
82278faqs.aspxQuestions & Answers The DOL has determined mortgage loan originators cannot be exempt. All our originators are commissioned employees. How will we calculate overtime pay on these employees? 05/12/2010National
82219faqs.aspxQuestions & Answers We are a manufacturer with approx. 50 hourly production employees. What are our rights regarding demanding overtime (when necessary). If the employee refuses, do we have the right to terminate them? 05/05/2010National
81458faqs.aspxQuestions & Answers We have a bonus program through which we share a percentage of our profits by giving employees an extra payroll check each quarter. Should the bonus payments be included when calculating the overtime rate of pay? 12/29/2009National
86540faqs.aspxQuestions & Answers We have a safety meeting that all employees attend. Are the hours attending the safety meeting considered "hours worked" for overtime purposes? 03/28/2011National
91694faqs.aspxQuestions & Answers What if our employees don't properly fill out their overtime timesheet? 05/31/2012National
83794faqs.aspxQuestions & Answers When an underpayment error in overtime is discovered what should an employer do? 11/19/2010National
82466faqs.aspxQuestions & Answers When employees attend Newcomer's Orientation or go to a physician for a worker's comp injury, is it included as hours worked for overtime? What about training conducted off site? 06/10/2010National
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