Overtime refers to the situation when an individual works beyond their designated hours in a day or week, resulting in additional compensation for the extra hours worked. For instance, if a person typically works 8 hours per day but works 10 hours on a particular day, they will receive additional payment for the 2 additional hours worked.
When an employee works beyond their standard workday or workweek, it is referred to as overtime. The Fair Labor Standards Act mandates that employers must compensate their non-salaried employees with extra wages, typically 1 1/2 times their regular hourly rate, for each hour worked in excess of 40 hours per week. For instance, John, who earns $15 per hour, worked 50 hours in a week and is entitled to overtime pay of $22.50 per hour ($15 x 1.5) for the additional 10 hours he worked. On the other hand, Mary, a salaried employee, worked 45 hours in a week and is not eligible for overtime pay since she is not a non-salaried employee. These examples demonstrate that overtime refers to the extra hours an employee works beyond their standard workday or workweek, and that non-salaried employees are eligible for overtime pay.
Overtime refers to the additional hours worked by an employee beyond their regular working hours, usually exceeding 40 hours per week.
In most cases, employees are entitled to overtime pay if they work more than 40 hours in a week. However, certain exemptions exist for specific job positions and industries.
Overtime pay is typically calculated as one and a half times the employee’s regular hourly rate for each hour worked beyond 40 hours in a week.
In general, employers can require employees to work overtime. However, there may be limitations based on employment contracts, collective bargaining agreements, or state labor laws.
Employees can refuse to work overtime, but it may have consequences such as disciplinary action or potential termination, depending on the circumstances and employment agreements.
Employers cannot change an employee’s regular working hours solely to avoid paying overtime. Such actions may be considered wage theft and can lead to legal consequences.
In some cases, employers may offer compensatory time off instead of overtime pay, but this is subject to specific regulations and must be agreed upon by both parties.
Yes, if your employer refuses to pay overtime that you are entitled to, you can file a complaint with your state labor department or the federal Department of Labor.
Yes, if your employer consistently fails to pay overtime despite being legally obligated to do so, you may have grounds to file a lawsuit to recover the unpaid wages.
No, it is illegal for employers to retaliate against employees for asserting their rights to overtime pay. If you experience retaliation, you may have legal recourse to protect your rights.
This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.
This glossary post was last updated: 17th April 2024.
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