Understanding Overtime Under the FLSA
Overtime work is defined as hours worked beyond an employee's standard schedule, and it's governed by the Fair Labor Standards Act (FLSA) in the United States. The FLSA mandates that non-exempt employees receive overtime pay at a rate of at least one and a half times their regular pay for hours worked over 40 in a workweek. This federal regulation has been in place since 1938 to ensure fair compensation for extended hours.
Even though there is no federal limit on the number of hours employees aged 16 and over can work, the FLSA does not require overtime pay for weekends or holidays unless those hours push the total workweek over 40 hours. The regular rate of pay, which forms the basis for calculating overtime, includes all forms of compensation, such as bonuses and commissions. In 2020, about 16.5% of Americans worked over 48 hours weekly, highlighting the importance of understanding overtime rules.