Understanding Federal Overtime Law: The FLSA Foundation
The Fair Labor Standards Act (FLSA) is the cornerstone of federal overtime law, mandating that covered employees must receive overtime pay for hours worked over 40 in a workweek. This law is crucial for payroll professionals, as it establishes the requirement for "time and a half" pay, meaning employees earn 1.5 times their regular rate of pay for overtime hours. Clarifying the concept of a "workweek" is essential: it is a fixed period of 168 hours or seven consecutive 24-hour periods, which does not need to align with the calendar week. Importantly, hours cannot be averaged over two weeks to determine overtime eligibility; each workweek stands independently.
Proper classification of employees as "non-exempt" or "exempt" under the FLSA is vital. Non-exempt employees are entitled to overtime pay, while exempt employees, such as certain executive or administrative roles, are not, provided they meet specific salary and duties tests. As of the 2019 rule, the salary level for exemption is $684 per week. Misclassification can lead to significant compliance issues and financial penalties for employers.