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The FLSA considers 40 hours to be a standard work week. Unless exempt, an employee should receive overtime pay if he or she has worked more than 40 hours in a week. Usually, overtime pay earned during a particular workweek must be paid whenever the normal payday would be for that workweek.
Work generally means: performing activities that are
necessary to the job, travel, training seminars during
work hours, and on-call or beeper time if employees
must limit their activities.
Employers are allowed to pay different rates for on-call versus performance time, as long as employees are paid minimum wage.
The requirements for overtime pay for most employees are covered by the federal Fair Labor Standards Act. Eligibility depends on:
- type of work
- the number of people employed by the company
- whether the employer conducts business exclusively within state lines or across state lines
Covered employees must be paid one and a half times the regular rate of pay for the hours over a standard work week of 40.
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