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If you are paid hourly and work more than 40 hours in a week, your employer should pay you overtime pay. This can vary, but most employers pay time and a half for extra hours.
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.
Under §207(a)(1), most employees (but with many exceptions) working over 40 hours a week must receive 50 per cent more overtime pay on their hourly wage. [116] Nobody may pay lower than the minimum wage, but under §218(a) states and municipal governments may enact higher wages. [ 117 ]
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As of July 1, 2024, hourly workers making the equivalent of $43,888 a year are eligible for overtime pay, up from $35,568, which will increase to $58,656 on Jan. 1, 2025.
At the employee's or employer's option, certain kinds of paid leave may be substituted for unpaid leave. Employees are eligible if they have worked for a covered employer for at least one year, and for 1,250 hours over the previous 12 months, and if there are at least 50 employees within 75 miles.
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.