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Wage and Hour Division
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Wage and Hour Division (WHD)

FairPay
DOL's FairPay Overtime Initiative

FairPay: Overtime Security for the 21st Century Workforce Welcome to the FairPay Web site. It's designed to help you understand the Department's FairPay rules.

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.

However, Section 13(a)(1) of the FLSA provides an exemption from both minimum wage and overtime pay for employees employed as bona fide executive, administrative, professional and outside sales employees. Section 13(a)(1) and Section 13(a)(17) also exempt certain computer employees. To qualify for exemption, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles do not determine exempt status. In order for an exemption to apply, an employee’s specific job duties and salary must meet all the requirements of the Department’s regulations.

On March 13, 2014, President Obama signed a Presidential Memorandum directing the Department of Labor to update the regulations defining which white collar workers are eligible to receive pay for hours worked over 40 in a workweek. For more information, please visit http://www.dol.gov/whd/overtime/presmemo.htm.

For more information, call our toll-free help line Monday through Friday
8 a.m. to 5 p.m. at 1-866-4USWAGE (1-866-487-9243) or TTY 1-877-889-5627.