You can’t average 2 or more workweeks to calculate pay or determine overtime. Unless specifically exempted, employees covered by the FLSA must receive pay for hours worked in excess of 40 in a workweek at a rate not less than one and one-half their regular rate of pay. There’s potentially good news for millions of salaried employees who put in more than 40 hours a week but do not receive overtime pay.

• If you’re not receiving overtime pay to which you’re legally entitled, bring the issue to the attention of your supervisor or human resources department.
• The way the employer describes pay, e.g., annual salary, hourly, weekly, etc., does not affect FLSA exempt vs. non-exempt status.
• Take the tour and learn about the benefits of a FlexJobs membership.
• Some states may have additional requirements for breaks or meal periods.

Prevailing wages are typically established to ensure fair compensation for workers employed on government-funded construction projects or projects receiving government assistance. These wages are intended to reflect the rates that are prevalent or “prevailing” within a given locality for specific types of work. If a wage determination specifies an electrician’s hourly rate as $22 and their fringe wage earners are eligible for overtime after 40 hours per week worked rate as $5 per hour, then their total prevailing rate per hour for all straight-time hours worked under that work classification is $27. Calculate overtime for any hour exceeding 40 within the workweek, and do not incorporate the fringe hourly rate in this calculation. In California, overtime is 1.5 times the regular rate of pay for anything over 8 hours but under 12 hours in a single day.

Which Employees Are Entitled to Overtime

Where an employee is subject to both the state and Federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay). Effective March 23, 2010, employers are required under the FLSA to provide unpaid break time and space for nursing mothers to express breast milk for one year after the child’s birth. Where employers already provide compensated breaks, an employee who uses that break time to express milk must be compensated in the same way that other employees are compensated for break time. In addition, the FLSA’s general requirement that the employee must be completely relieved from duty or else the time must be compensated as work time applies.

• However, there are a few circumstances in which an employer may pay an exempt worker less than his or her full salary for a week without compromising the employee’s exempt status.
• Fact Sheet on the Overtime Pay Requirements of the Fair Labor Standards Act (FLSA) (PDF)
  Provides general information concerning the application of the overtime pay provisions of the FLSA.
• In the waning days of the Obama administration, the Labor Department ordered a similar increase, boosting the threshold from $23,660 to $47,476.
• It’s important to understand the labor laws in every state you work in to avoid costly mistakes.
• An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.
• Overtime is defined by the Fair Labor Standards Act as 1.5 times one’s hourly pay rate after working more than 40 hours per week.

The FLSA does not require extra pay for weekend or night work or double time pay. • Approved compressed work schedules are an exception for overtime rules. • Many positions are exempt from the Fair Labor Standards Act (FLSA)
• Mandated overtime employees get LEAP or AUO.

Important Notes About Overtime and Prevailing Wages

Federal and state laws require most employers to pay overtime to employees who work more than 40 hours per week. These laws contain many exceptions, so not all employees are entitled to overtime. • Professional, administrative, and executive positions provide exemption from overtime if employees receive a monthly salary twice California’s minimum wage.

CWHSSA creates pay minimums, overtime, and recording keeping standards that must be followed. The law mandates that individuals covered by it must receive one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. Under the CWHSSA, contractors and subcontractors that intentionally violate the law may be fined, imprisoned or both. The Fair Labor Standards Act (FLSA) and the Contract Work Hours and Safety Standards Act (CWHSSA) are federal labor laws that directly impact the relationship between employer and employee. The FLSA and the CWHSSA have aspects that affect prevailing wage projects, influencing how they handle overtime and record-keeping. This rule will transfer income from employers to employees in the form of wages.

Biden Administration Seeks to Expand Overtime Pay to Millions of U.S. Workers

Employees primarily engaged in creative or intellectual work requiring discretion and independent judgment have more flexibility. Exempt hourly wages begin at $45.41 ($94,603.25 annually) for full time employment for these highly skilled specialists. Using this method, the total overtime premium for this workweek would be $48.

An employee who is paid on a salary basis must earn at least $684 per week (equivalent to $35,568 per year). The employee must also receive the same salary every week, regardless of how many hours the employee works or the quantity or quality of the work the employee does. Probably the most common—and confusing—exceptions to the overtime laws are for so-called “white collar” workers.