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Overtime Labor Law

When an employer seeks to utilize its employees in the performance of additional working hours, the employer may be subject to the federal labor laws regarding overtime employment. The federal overtime labor laws are located in the Fair Labor Standards Act. This Act requires covered employers to provide overtime pay for any amount of hours beyond a forty hour week, at a rate of not less than one and a half times the regular rate of pay. The Act applies to a standard work week or seven days, which can begin on any day and does not have to coincide with a calendar week. In addition, the Act indicates that overtime pay is not required on weekends or holidays, unless overtime is actually performed on these days. Furthermore, pursuant to the Fair Labor Standards Act, the overtime pay must be paid pursuant to the regular, routine method of payment; thus, if the pay day falls on a particular day, all overtime wages must be paid to the employee on that same day.

Fast Facts

  • The Fair Labor Standards Act is enforced by the Wage and Hour Division of the United States Department of Labor
  • There is no limit in the Fair Labor Standards Act on the number of hours employees sixteen years of age and older may work in any work week

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