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Federal and state laws require most employers to pay overtime. The overtime premium is 50% of the employee's usual hourly wage. This means an employee who works overtime must be paid "time and a half" -- the employee's usual hourly wage plus the 50% overtime premium -- for every overtime hour worked.

These laws contain many exceptions, so not all employees are entitled to overtime. Employees who are eligible for overtime are called "non-exempt" employees, and those who are not eligible for overtime are called "exempt" employees.

Federal law and the laws of most states impose a weekly overtime standard, which means that non-exempt employees are entitled to overtime for every hour more than 40 that they work in a week, regardless of how many hours they work in a day. For example, Alex is a non-exempt employee who works 12 hours on Monday and 6 hours on Tuesday (and doesn't work any more hours in the week). He is not entitled to receive overtime under the weekly overtime standard, even though he worked more than eight hours on Monday.

California and a handful of other states have a daily overtime standard, which means that non-exempt employees are entitled to overtime for every hour more than 8 that they work in a day and every hour more than 40 that they work in a week. Let's take Alex from the paragraph above. In a daily overtime state, he would be entitled to overtime pay for the 4 hours in excess of 8 that he worked on Monday, even though he didn't even come close to working 40 hours in the week.

Although the vast majority of employers in this country must pay overtime, not all of them have to. To figure out whether you must pay overtime, first determine whether you are covered by the federal Fair Labor Standards Act (FLSA), the federal wage and hour law that sets out the overtime rules. Generally, your business is covered by the FLSA if you have $500,000 or more in annual sales. Even if your business is smaller, however, you must pay overtime if your employees work in what Congress calls "interstate commerce" -- commerce between states. This includes more than you might think, including making phone calls to or from another state, sending mail out of state, or handling goods that have come from, or will go to, another state.

If your business is covered by either the FLSA or your state's overtime law, then all of your employees are entitled to overtime unless they fit into an exception. The following workers are "exempt" from the federal overtime law -- meaning that they fit into an exception and are therefore not entitled to overtime:

executive, administrative, and professional employees who are paid on a salary basis, independent contractors, volunteer workers, outside salespeople (that is, employees who customarily and regularly work away from the employer's business, selling or taking orders to sell goods and services), certain computer specialists (such as systems analysts, programmers, and software engineers) who earn at least $27.63 per hour, employees of seasonal amusement or recreational businesses, such as ski resorts or county fairs, employees of organized camps or religious or nonprofit educational conference centers that operate for fewer than seven months a year, employees of certain small newspapers, newspaper deliverers, workers engaged in fishing operations, seamen, employees who work on small farms, certain switchboard operators, criminal investigators, and casual domestic baby sitters and people who provide companionship to those who are unable to care for themselves (this exception does not apply to those who provide nursing care or to personal and home care aides who perform a variety of domestic services).

This is the general information about over-time, but if you need more information I have included where I got this information from.

2007-05-16 03:10:30 · answer #1 · answered by paladin1988 4 · 1 0

Anything after 40 hours in one week is considered over time, therefore whatever extra hours you work should legally be paid to you as time and a half. After 60 hours in one week, your pay should be doubled.

2007-05-16 02:18:57 · answer #2 · answered by wendy 2 · 1 0

An employer is not "legally required" to pay you overtime unless it is stipulated in the company handbook.

Normally, it would be after 8 hours, so long as your company's policy includes paying time-and-a-half. But some companies do not do this, nor are they required to by law as long as that is not their policy.

2007-05-16 02:14:34 · answer #3 · answered by guinnesscrazy 3 · 0 1

Are you "exempt" or non-exempt? I'll assume that you are non-exempt. Exempt is managerial, supervisor, professional jobs. Overtime is usually required after 40 hours in one week. There are exceptions. Can you please provide more details? What type of job? How often are you paid? Are your wages quoted "per hour?" What state are you in?

2007-05-16 02:13:37 · answer #4 · answered by hottotrot1_usa 7 · 0 0

You are supposed to get paid overtime if you work more than 8 hours daily.

2007-05-16 02:11:32 · answer #5 · answered by Anonymous · 0 0

DEPENDS ON THE STATE
HERE AFTER 40 HOURS A WEEK THEN OT KICKS IN
SOME PLACES ITS DAILY IN THAT CASE ID BE RICH~~~~~~~~~~~~

2007-05-16 02:13:24 · answer #6 · answered by dalejr8 2 · 0 0

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