Q: Which employees should be paid overtime, and what are some basic rules to go by?

A: The Fair Labor Standards Act (FLSA) states that nonexempt employees must be paid time and one-half their regular rate of pay for all hours worked over 40 in a seven-day workweek. Nonexempt employees are defined under the FLSA, and appropriate classification of employees is critical. In accordance with the FLSA, overtime pay must be calculated on a weekly basis—and not over a two-week (or longer) pay period—to allow for more flexible scheduling.

The FLSA also requires employers to pay all overtime hours an employee actually works, even if that overtime is not authorized before it actually takes place. Employers may choose to discipline an employee for working unauthorized overtime, but the overtime hours must be paid.


Not to be construed as legal advice