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Overtime Pay

According to the FLSA an employee is entitled to overtime pay not less than one and one-half times his or her regular rate for every hour worked in excess of forty hours a workweek.  It is up to the employer to provide overtime compensation even if the employee does not claim the overtime compensation.  The employer must pay for the hours the employee actually worked and not for sick days, holidays, or vacation days, which are taken into account in the employee’s regular salary.  In general, an employee’s entire compensation is considered for calculating overtime.  However, there are certain limitations.  The following may not be part of the calculation in determining overtime pay:  employee stock options (this is provided in the Worker Economic Opportunity Act) and travel expenses or other expenses incurred by an employee for the benefit of the employer and properly reimbursed by the employer. 

Public Employees, Exempt Employees, Determining Exempt Status, Professional Employees, Administrative Employees, Executive Employees, Irregular Hours, Exemptions From Overtime, Amendment to Overtime Regulations