Understanding Federal Overtime Laws and Eligibility
Overtime pay is primarily governed by the Fair Labor Standards Act (FLSA) in the United States, which mandates that non-exempt employees receive overtime pay for hours worked over 40 in a single workweek. This makes the federal overtime rate not less than one and one-half (1.5) times the employee’s regular rate of pay. A workweek is defined as a fixed period of 168 hours, or seven consecutive 24-hour periods, which can begin on any day and at any hour. Importantly, overtime rules apply only to non-exempt employees, with exemptions often covering those in executive, administrative, or professional roles who meet specific salary thresholds, such as the $684 per week minimum set by the 2019 rule.
Misclassification of employees as exempt when they should be non-exempt can lead to significant penalties for employers, emphasizing the need for accurate classification and compliance with both federal and state laws. Employers must also be mindful of the inclusion of non-discretionary bonuses when calculating the regular rate of pay, as this affects the computation of overtime wages.