Overview Compliance Assistance Materials Basic Information E-Tools Applicable Laws and Regulations DOL Contacts Return to Work Hours and Other Pay Issues

Frequently Asked Questions Is extra pay required for weekend or night work? more ...

OVERVIEW

The Fair Labor Standards Act (FLSA) does not require extra pay for night work. Extra pay for working night shifts is a matter of agreement between the employer and the employee (or the employee's representative). However, if nonexempt workers work over 40 hours in a work week, they must be paid overtime. The FLSA is administered and enforced by the Wage and Hour Division of the Employment Standards Administration.

COMPLIANCE ASSISTANCE MATERIALS

BASIC INFORMATION

• Handy Reference Guide to the Fair Labor Standards Act - Answers many questions about the FLSA, including what the Act does and does not require.
• Questions and Answers About the FLSA

E-TOOLS

• elaws FLSA Advisor - Provides information that addresses key wage and hour topics, including a frequently asked question about whether extra pay is required for weekend or night work.

APPLICABLE LAWS AND REGULATIONS

• The Fair Labor Standards Act (FLSA) - Establishes minimum wages, overtime pay, recordkeeping and child labor standards for private sector and government workers.

DOL CONTACTS*

• Employment Standards Administration (ESA)
  Wage and Hour Division
  200 Constitution Avenue, NW
  Room S-3502
  Washington, DC 20210
  Contact WHD
  Tel: 1-866-4USWAGE (1-866-487-9243)
  TTY: 1-877-889-5627
  Local Offices

• For questions on other DOL laws,
  please call DOL's Toll-Free Help Line at 1-866-4-USA-DOL. Live assistance is available in English and Spanish, Monday through Friday from 8:00 a.m. to 8:00 p.m. Eastern Time. Additional service is available in more than 140 languages through a translation service.
  Tel: 1-866-4-USA-DOL
  TTY: 1-877-889-5627

*Pursuant to the U.S. Department of Labor's Confidentiality Protocol for Compliance Assistance Inquiries, information provided by a telephone caller will be kept confidential within the bounds of the law. Compliance assistance inquiries will not trigger an inspection, audit, investigation, etc.