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Department of Labor poster notifying employees of rights under the Fair Labor Standards Act. The Fair Labor Standards Act of 1938 29 U.S.C. § 203 [1] (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week.
Starting July 1, employers of all sizes will be required pay overtime — time and a half salary after 40 hours a week — to salaried workers who make less than $43,888 a year in certain ...
In 2016, then-President Barack Obama asked the Labor Department to overhaul federal overtime rules and raise the salary threshold to $47,476 a year, or $913 a week. That would have roughly doubled ...
Out of approximately 120 million American workers, nearly 50 million are exempt from overtime laws (US Department of Labor, Wage and Hour Division, 1998). As of 2021, salaried workers making $684 per week or more are exempt from overtime pay (equivalent to $35,568 per year). [9]
But since 1975—when more than 60% of salaried workers qualified for overtime, according to an analysis by the Economic Policy Institute—those levels have been updated far less frequently.
The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There are no federal laws, and few state laws, requiring paid holidays or paid family leave.
Most waged employees or so-called non-exempt workers under U.S. federal labor and tax law must be paid at a wage rate of 150% of their regular hourly rate for hours that exceed 40 in a week. The start of the pay week can be defined by the employer, and need not be a standard calendar week start (e.g., Sunday midnight).
For more on salary, overtime and wage issues, take a look at my columns on salaried workers and why they may be entitled to overtime, and working off the books.