Overtime Pay

Overtime Pay

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work.  Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.

The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

The FLSA, with some exceptions, requires bonus payments to be included as part of an employee’s regular rate of pay in computing overtime.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee’s representative).  The FLSA does not require extra pay for weekend or night work or double time pay.  It should be noted that there are exceptions to overtime pay for some industries.  This is especially true for Truck Drivers and those in the Trucking industry.

It is illegal to fire, fail to promote or otherwise discriminate against an employee who complains or question his / her Overtime pay.

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