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Overtime

The Fair Labor Standards Act (FLSA) overtime law does not limit the number of hours an employee over 16 years-old may work in a week. However, if you are a non-exempt employee under the FLSA and you work in excess of 40 hours per week, you must be paid overtime under overtime law. The FLSA exempts certain employees of retail and service establishments who are paid on a commission basis in whole or part from overtime law pay regulations. To be exempt, these employees must earn a regular rate of pay that exceeds 1½ times the applicable minimum wage for every hour worked in a workweek; and more than half their total earnings in an average pay period must consist of commissions on goods or services. Certain securities industry brokers are also exempt from overtime rules.

Your overtime rate must be equal to at least 1½ times your regular rate of pay, but employers may pay more. Bonuses or commissions that you receive must be calculated as part of your regular rate of pay for purposes of calculating your overtime rate. Overtime law under the FLSA does not require employers to pay (but they may choose to pay) overtime for holidays, weekends, night shifts, or if you work on a day that you would normally have off. The 40-hour workweek is measured by seven, consecutive 24-hour periods, i.e. 168 hours, but need not start on any particular day of the week.

How do I know if I am entitled to overtime pay?

What does the overtime law say?

I think I have an unpaid overtime problem:

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