Overtime Pay Laws under FLSA Employment Laws

An employee must be paid for every hour worked. Consequently, an hour worked beyond the regular working hours must be paid. This is otherwise known as an overtime pay.

Pursuant to the Fair Labor Standards Act (FLSA), an employer who permits an employee to work beyond the normal working hours is generally required to pay for the work rendered overtime. Otherwise, an overtime claim under FLSA may be filed against the employer.

FLSA Requirements

FLSA covered employees must receive overtime pay for hours worked in excess of 40 in a workweek. FLSA does not provide limitations on the number of hours that employees who are 16 years old and above may work in a workweek.

Workweek

As it applies on a workweek basis, FLSA defines workweek as a fixed and regularly recurring period of 168 hours that is, seven consecutive 24-hour periods. While it may not concur with the calendar week, it may start on any day at any hour of the day.

Employer may establish different workweeks. However, averaging of hours beyond two or more weeks is not allowed. Usually, overtime pay due in a week must be given on the regular pay day following the period in which they are earned.

Rate

While earnings may be determined on a salary, commission, piece-rate or some other basis, the overtime pay must be computed based on the hourly rate derived from such earnings. This is obtained by dividing the total pay for employment in any given workweek by the total number of hours actually worked.

Exempt Employees

Provisions of FLSA on overtime pay do not cover the following employees:

1. Farm employees
2. Commissioned employees of service or retail stores
3. Sales employees of truck, auto, farm implement, boat or aircraft working in non-manufacturing companies that are engaged primarily in selling such items to ultimate purchasers
4. Clerks and mechanics of truck, auto or farm implement parts working in non-manufacturing establishments engaged primarily in selling  items to ultimate purchasers
5. Employees of railroad, air carriers, taxi drivers and certain motor carriers who are paid on approved trip rate plans
6. Employees of movie theaters
7. Certain employees of non-metropolitan broadcasting stations such as announcers, chief engineers and news editor
8. Domestic service workers residing at employer’s residences

Despite the clear mandate of FLSA, some employers violate the overtime pay provisions. While some employers violate it intentionally, others defy it due to wrongful classification of employees.

Intentional or not, violations can be a ground for overtime pay claims in addition for damages under the FLSA. Any employment suit may be better prosecuted with the help of an overtime pay lawyer.