Salaried Employees Overtime Laws

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Hours

The FLSA requires employers who allow or mandate overtime work to pay the employee for the overtime. Overtime is considered work in excess of 40 hours per week. The FLSA does not regulate the amount of time individuals aged 16 and over may work in a week. Nor does the FLSA require that overtime be paid for work completed on Saturdays, Sundays, holidays, or regular vacation or "rest" days, unless those days coincide with overtime, or 40 or more hours of work completed in the week. A week is any seven consecutive day period of time, but need not start on a Monday for billing hours purposes.

Wages

Employers are required to pay an employee no less than time and a half of his or her regular pay. The rate can be derived on salary, commission, or another basis, but must meet minimum wage requirements as set forth in the FLSA. The overtime wage must also be computed on the basis of average hourly rate. If an employee works at different tasks with different time-rate mechanisms, such as salaried and commission-based simultaneously within the same week, the earnings from all positions should be added together and then divided by the number of hours worked to determine an hourly wage.

State Laws

Some states also offer overtime laws, including Alabama, Texas and Virginia. If the state provides more protection for employees, employers are required to follow the state rather than the federal law, even if it far surpasses the minimum requirements of the FLSA. The opposite is also true; if a state's laws are much more lenient than the FLSA, the employer is required to meet the minimum requirements of the FLSA.

References

About the Author

Harper Jones has been a freelance writer since 2007. Her work has appeared in "Zink! Fashion Magazine," "emPower Magazine" and the "Washington Post." She has also published several health and fitness e-books and a book of short stories. Jones graduated with a Bachelor of Arts in English and health sciences and currently works as a yoga teacher.

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