Laws on Salary Employees Working Overtime

Overtime pay exists to protect workers from being taken advantage of. Some states have their own overtime laws that give the worker more protection than the federal law. Some public employees have different overtime rules and thresholds, and some businesses are exempt from having to pay overtime. As always, it is good to know your rights.

Fair Labor Standards Act

    The Fair Labor Standards Act (FLSA) is a federal act that requires employers to pay employees who work more than 40 hours in one week one and one-half times their regular rate of pay for the overtime hours worked. This means that if an eligible employee makes $10 per hour, and works 42 hours in one week, he will earn $15 for the two overtime hours worked. The FLSA also regulates the federal minimum wage.

Exceptions to the Rule

    There are exceptions to the FLSA; certain categories of laborer are exempt from minimum wage and overtime requirements. They include, but are not necessarily limited to, professionals and administrators working in elementary and secondary schools, farm workers and seasonal employees.

    Some employees are protected by the minimum wage requirement but are exempt from the overtime laws. They include live-in domestic service workers, some commissioned employees in retail or service industries, and railroad and air carrier employees.

State Laws

    States can make their own laws about minimum wages and overtime, as long as they don't take away workers' federal rights. For example, in California most workers have the right to overtime pay if they work more than eight hours in any given day. Some workers choose to forfeit that right in the interest of working flexible hours. For example, an employee may wish to work 10 hours per day for four days per week, which equals 40 hours of work per week. In order to secure such a schedule (and enjoy a three-day weekend), an employee would forfeit the right to overtime on a daily basis. This employee would still be eligible for overtime pay if she worked 42 hours in one week.

Firefighters

    Firefighters are a good example of workers who have different overtime rules under the FLSA. Due to the nature of the work such as living and sleeping in the firehouse when on duty, firefighters sometimes maintain a 28-day work period and receive overtime only if they work more than 212 hours in the 28-day period. Some police officers and hospital workers also have different overtime thresholds to accommodate the nature of their work.