Can You Work 60 Hours & Not Get Paid Overtime?

September 10, 2013 – 03:45 pm

Review your time card to know if you should receive overtime pay.Review your time card to know if you should receive overtime pay.

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Under the Fair Labor Standards Act, certain employees must receive overtime pay if they work a specific number of hours for the week. The state might set its own overtime provisions. If you work 60 hours, whether you should get paid overtime depends on if you worked overtime on a daily or weekly basis and whether you are exempt from FLSA or state overtime laws.

Weekly Overtime

If you are not exempt from FLSA overtime pay provisions and work more than 40 hours for the week, your employer must pay the excess hours at 1.5 times your regular hourly rate. If you meet these standards and work 60 hours, your employer should pay you overtime for 20 hours. The state may follow federal overtime laws, or it might have its own weekly requirement. For example, Texas follows the FLSA, but Minnesota requires overtime for work hours that exceed 48 for the week. If you are subject to both federal and state overtime laws, your employer must use the law that sets the higher standard. In addition, the FLSA applies to employers who are covered under the act, but state law may apply to all employers. Therefore, even if you are not covered under the FLSA, you might have coverage under state law.

Daily Overtime

The FLSA does not mandate overtime on a daily basis, but some states do. Depending on how you worked the 60 hours, you might be due overtime if you are not exempt from the state’s overtime laws. For example, in Colorado, nonexempt employees must get overtime pay for work hours exceeding 12 for the day. Therefore, even if you did not work at least 40 hours in a given week, your employer might have to pay you overtime. California requires double-time pay in some instances. Consult the state labor department for its overtime rules to clarify whether you should receive overtime under your state's law.

Related Reading: The Effects of Improper Overtime Scheduling on Employee Performance


Source: work.chron.com

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