Department Of Labor Overtime

The Department of Labor ("DOL") is the federal agency that enforces laws applicable to employers and employees. The DOL enforces the Fair Labor Standards Act ("FLSA"), which set forth guidelines for employee overtime pay. According to the Department of Labor, overtime pay of at least one and one-half time regular pay must be paid to employees who work in excess of 40 hours in a workweek. The FLSA outlines certain exceptions and exemptions for the Department of Labor overtime rules, applicable to certain types of businesses and certain types of work. The FLSA exemptions for overtime pay apply to employees who have the following positions: executive, administrative, professional and outside sales employees. Generally, employees must be paid a salary of at least $455 per week, and must meet specific tests with respect to their job duties. Overall, the Department of Labor overtime standards impact over100 million workers nationwide.

Fast Facts

  • Generally, the FSLA does not apply to companies with less than $500,000 in annual dollar volume of business.
  • Employees exempt from the overtime pay requirements include, in part: newspaper delivery, seasonal amusement or recreational establishments; employees of motion picture theatres and farm workers.

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