The Law On Overtime Pay Under The FLSA

In cases when an employee renders overtime work, it is assumed that they would be paid by the employer for the excess hours beyond the 40 hours per week requirement. The amount to be paid to employee for the overtime work is set forth in the Fair Labor Standards Act (FLSA). Under the FLSA, an employee who performs overtime work should be properly compensated by their employer or else they face fines and penalties.

Unfortunately, according to the website of Williams Kherkher, many businesses are not paying their employees overtime wages which is in violation of the FLSA. Under the law, employees must receive overtime pay for the hours they worked for that goes beyond the 40 hours in a week. The rate of overtime pay is 1.5 times their regular pay rate. Overtime pay is no9t required for works on weekends and holidays or regular rest day, unless overtime work hours are rendered on those days.

The FLSA sets the fixed and regularly recurring period of an employee to 168 hours per workweek. The overtime need not have to be on a calendar week and can begin within any hour of the day. Different workweeks can be established for different employees or group of employees. Overtime pay earned in a particular workweek should be paid on the regular payday for the period they were earned.

For overtime during weekends or night, it will all boil down to an agreement between employer or employee. The FLSA does not require overtime pay during weekend or night. The FLSA also lays down the fines and penalties for companies that will refuse to pay overtime wage to their employees. They could be facing criminal prosecution or imprisonment for their non-compliance with the Fair Labor Standards Act. Overtime pay violation has a three-year statute of limitations. So make sure to file within the time limit.

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