Understanding Federal and State Overtime Laws
The Fair Labor Standards Act (FLSA) mandates that non-exempt employees receive overtime pay at a rate of at least 1.5 times their regular rate for hours worked beyond 40 in a week. This regular rate includes most forms of compensation, such as bonuses and commissions, but excludes discretionary bonuses. Exempt employees, typically earning over $684 weekly, do not qualify. Employers must note that a workweek is a fixed 168-hour period and cannot average hours across weeks. Importantly, overtime isn't mandated for weekends or holidays unless those hours exceed 40 in the week.
State laws can add complexity. For instance, California requires overtime for hours over 8 in a day, while Alaska applies it for hours beyond 8 per day or 40 per week. Employers must follow the most favorable rule when federal and state laws differ, ensuring compliance with the law that benefits employees the most. For instance, California also mandates double overtime for hours worked beyond 12 in a day or over 8 on the seventh consecutive day.