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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
1
1
/
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.
Summary for [Your State]
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Administrative Exemption
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41
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Type
Title
Date
State
1
2
41
items in
2
pages
91548
news.aspx
News
3 Steps to Calculating Overtime Pay Correctly
05/15/2012
National
84471
faqs.aspx
Questions & 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?
01/05/2011
National
81251
faqs.aspx
Questions & 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.
11/19/2009
National
80793
faqs.aspx
Questions & Answers
An hourly employee who works 40 hours per week wants to apply for a recently posted part time cleaning position wi
09/17/2009
National
89982
faqs.aspx
Questions & Answers
Are shift differentials included when calculating overtime? We consider the shift differential a bonus.
09/23/2011
National
80659
faqs.aspx
Questions & Answers
Are we required to pay an employee overtime if he is working in two different jobs and departments?
09/01/2009
National
82372
faqs.aspx
Questions & Answers
Can a nonexempt truck driver be paid on a salary basis and receive commissions?
05/25/2010
National
81503
faqs.aspx
Questions & 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.
01/06/2010
National
82997
faqs.aspx
Questions & Answers
Can someone be employed by Company A full time and Company Y part time if there is common ownership of the companies?
07/29/2010
National
91284
faqs.aspx
Questions & Answers
Can we deduct from an employee's pay for the hours he worked volutarily without prior approval?
04/09/2012
National
90676
faqs.aspx
Questions & 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.
12/30/2011
National
75266
training.aspx
Handouts
Federal Overtime Requirements (PDF) (Handout)
National
75267
training.aspx
Quizzes
Federal Overtime Requirements (Quiz)
National
76578
training.aspx
Training Talks
Federal Overtime Requirements (Training Talk)
National
79116
timesavers.aspx
Checklists
FLSA Audit Checklist: Safe Harbor for Improper Deductions
National
82128
faqs.aspx
Questions & Answers
How do we calculate monthly bonus payments for attendance into an employee's pay rate for overtime purposes?
04/20/2010
National
80965
faqs.aspx
Questions & Answers
How many hours must an employee work to be considered full time?
10/13/2009
National
91424
news.aspx
News
How Much Did Employee Work Off-the-Clock?
04/23/2012
National
84621
faqs.aspx
Questions & Answers
Hypothetically, if a full time salaried manager works many hours overtime, is he entitled to be paid overtime?
01/07/2011
National
81282
faqs.aspx
Questions & 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?
11/25/2009
National
81162
faqs.aspx
Questions & Answers
If we realize that several employees are misclassified as exempt, do we pay them back wages? If so, how much?
11/09/2009
National
86030
faqs.aspx
Questions & Answers
In New York State can you give comp time instead of paying overtime if that is what the person wants?
03/09/2011
National
91377
faqs.aspx
Questions & Answers
Is a shift differential included in an overtime pay calculation? Is there guidance available on overtime pay in the healthcare industry?
04/17/2012
National
83601
faqs.aspx
Questions & 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?
10/25/2010
National
80467
faqs.aspx
Questions & 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?
08/13/2009
National
8672
timesavers.aspx
Policies
Overtime
National
1189
timesavers.aspx
Policies
Overtime (Progressive)
National
16167
timesavers.aspx
Policies
Overtime (Standard II)
National
1190
timesavers.aspx
Policies
Overtime (Standard)
National
16166
timesavers.aspx
Policies
Overtime Alternative or Additional Policies
National
83372
timesavers.aspx
Forms
Overtime Authorization Form
National
91549
news.aspx
News
Overtime in California: Are You Getting it Right?
05/16/2012
National
1261
state_comparison_charts.aspx
Guidance Documents
Overtime, by State
National
91564
state_comparison_charts.aspx
Guidance Documents
Overtime, by State (PDF)
National
90450
faqs.aspx
Questions & 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?
11/18/2011
National
82278
faqs.aspx
Questions & 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?
05/12/2010
National
82219
faqs.aspx
Questions & 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?
05/05/2010
National
81458
faqs.aspx
Questions & 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?
12/29/2009
National
86540
faqs.aspx
Questions & Answers
We have a safety meeting that all employees attend. Are the hours attending the safety meeting considered "hours worked" for overtime purposes?
03/28/2011
National
83794
faqs.aspx
Questions & Answers
When an underpayment error in overtime is discovered what should an employer do?
11/19/2010
National
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