Understanding Federal Overtime Law: The FLSA Foundation
The Fair Labor Standards Act (FLSA) is the cornerstone of federal overtime law, mandating overtime pay at a rate of 1.5 times the regular rate for hours worked beyond 40 in a standard workweek. This workweek is defined as a recurring 168-hour period, which can start on any day and time, provided it is consistent. Notably, the FLSA prohibits averaging hours over multiple weeks, ensuring that each workweek stands alone for overtime calculations.
Distinguishing between exempt and non-exempt employees is crucial for compliance. Non-exempt employees, often in hourly or minimum-wage roles, are entitled to overtime pay. In contrast, exempt employees, who typically earn a fixed salary and fulfill specific duties, are not. These exempt positions must meet a salary threshold, such as earning at least $684 per week.