10.2.3 Overtime Claims
10.2.3 Overtime Claims aetrahan Mon, 11/21/2022 - 14:38FLSA does not restrict the number of hours an employee may work, unless a worker is under 16. However, it does require that overtime (1 ½ times the regular rate of pay, colloquially referred to as “time and a half”) be paid any covered employee for any hour worked in excess of 40 hours in a workweek.1 As with the minimum wage, some employees are exempt (e.g., taxi drivers, live-in domestic help, truck drivers). Some employees who work irregular work schedules (e.g., many healthcare workers) may be entitled to overtime even if they work less than 40 hours in a week. Employers do make mistakes on exemptions or by their actions may have forfeited exempt status. For overtime purposes, tips are not counted as part of the regular rate of pay.
There is no generally applicable state law on overtime. However, your client may be covered by a contract or special law.2 Employer policies or customs may also confer enforceable rights.