|- FLSA Overtime Calculator Advisor|
The Fair Labor Standards Act (FLSA) requires that covered, nonexempt employees in the United States be paid at least the federal minimum wage for each hour worked and receive overtime pay at one and one-half times the employee's regular rate of pay for all hours worked over 40 in a workweek. FLSA overtime pay is due on the regular pay day for the period in which the overtime was worked. The overtime pay requirement may not be waived by agreement between the employer and the employee. The overtime pay requirement cannot be met through the use of compensatory time off (comp time) except under special circumstances applicable only to state and local government employees.
The FLSA contains a number of exemptions from its minimum wage and/or overtime pay requirements. An employee who is exempt from the overtime pay requirements is not entitled to receive FLSA overtime pay. Therefore, we recommend you review a list of common exemptions before using the FLSA Overtime Calculator Advisor.
Nothing in the FLSA or the Department's regulations prevents an employer from paying an employee at or above the minimum wage or at a higher overtime rate of pay. In addition, a number of states have enacted minimum wage and overtime pay laws, some of which provide greater worker protections than those provided by the FLSA. In situations in which an employee is covered by both federal and state wage laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law. More information about state laws may be found through the state labor offices.
If you are uncertain whether you or your employees are covered by the FLSA, please review the FLSA Coverage and Employment Status Advisor. You may also want to review a brief explanation of what the FLSA requires and what the FLSA does NOT require.