When is overtime required




















Jay Inslee, this new law went into effect on July 25, While dairy workers are entitled to receive overtime pay for all hours worked over 40 in a workweek, the law establishes a gradual phase-in period for full overtime eligibility for all other agricultural workers.

The phase-in for non-dairy agricultural workers begins Jan. During the phase-in period, agricultural workers will be eligible for overtime compensation for hours worked over 55 during a workweek beginning Jan. Most employees who work more than 40 hours in a 7-day workweek must be paid overtime. Overtime pay must be at least 1. Employees covered by the Fair Labor Standards Act FLSA must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay.

The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days. The FLSA , with some exceptions, requires bonus payments to be included as part of an employee's regular rate of pay in computing overtime. Extra pay for working weekends or nights is a matter of agreement between the employer and the employee or the employee's representative. It need not coincide with the calendar week, but may begin on any day and at any hour of the day.

Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned. On May 20, , the Department of Labor announced a final rule that allows employers to pay bonuses or other incentive based pay to salaried, nonexempt employees whose hours vary from week to week.

The final rule clarifies that payments in addition to the fixed salary are compatible with the use of the fluctuating workweek method under the Fair Labor Standards Act. For more information, please visit www. On May 18, , the U. On December 12, , the U.



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