Understanding Overtime: Federal and State Regulations
Understanding how to track overtime hours begins with knowing the regulations set by the Fair Labor Standards Act (FLSA). 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 beyond 40 in a workweek. This workweek is defined as a fixed period of 168 hours, or seven consecutive 24-hour periods. Importantly, hours cannot be averaged across weeks to avoid overtime.
State laws may impose stricter requirements. For example, California mandates overtime pay after 8 hours in a single day, and double-time pay after 12 hours. Employers must comply with both federal and state laws, adhering to the stricter of the two. Proper classification of employees as exempt or non-exempt is crucial to avoid penalties, as exemptions apply to specific roles and salary levels, such as those earning above $684 per week.