The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act
must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time
and one-half their regular rates of pay.
Is overtime over 40 hours a week or 8 hours a day?
Does California have overtime after 8 hours or 40 hours? In California,
overtime is officially counted both after 8 hours of work per day
, AND 40 hours per week – according to the California Labor Code Section 510, i.e. The Cunningham Law.
What are the basic rules of overtime?
Yes, California law requires that employers pay overtime, whether authorized or not, at the rate of
one and one-half times the employee’s regular rate of pay for all hours worked in excess of eight up to and including 12 hours in any workday
, and for the first eight hours of work on the seventh consecutive day of work …
What does the law say about overtime?
Generally, the
employee can legally refuse to work more than 45 hours per week normal time
and he can legally refuse to work more than 10 hours per week overtime and he can legally refuse to work more than 12 hours in any one day, consisting of nine hours normal time and three hours overtime.
What states require overtime after 8 hours?
Currently,
Alaska, California, Nevada, Puerto Rico and the Virgin Islands
all have daily overtime laws for working over eight hours in a day.
Can you get fired for refusing to work overtime?
If an employee fails to comply with a lawful and reasonable direction to work a reasonable amount of overtime, then
the employee may be guilty of serious misconduct
. This would mean that you could dismiss them without notice.
How is OT calculated?
Calculating Overtime for Hourly Employees
Overtime pay is calculated:
Hourly pay rate x 1.5 x overtime hours worked
. Here is an example of total pay for an employee who worked 42 hours in a workweek: Regular pay rate x 40 hours = Regular pay, plus. Regular pay rate x 1.5 x 2 hours = Overtime pay, equals.
What is the longest shift you can legally work?
The Fair Labor Standards Act (FLSA) states that any work
over 40 hours in a 168 hour period
is counted as overtime, since the average American work week is 40 hours – that’s eight hours per day for five days a week.
Is 50 hours a week legal?
Legally,
your employer can’t make you work more than 48 hours a week
, including overtime. If they want you to work more than that, your employer has to ask you to opt out of the 48-hour limit.
How much overtime can I work before it’s not worth it?
The U.S. Department of Labor defines overtime as any hours you put in at work above the standard 40-hours per week. … Well, save for certain exemptions (which I’ll cover shortly), your employer must pay an overtime hourly rate equivalent to
no less than 1.5 times your base hourly wage
.
Can I be forced to do overtime?
Under the modern awards and the Fair Work Act 2009,
employers can request that employees work “reasonable overtime”
. If a request for reasonable overtime made by the employer to the employee is refused, it could have consequences for the employee.
Is a 60 hour work week legal?
The Base Code is very clear,
a worker cannot exceed 60 hours in any one week
, unless there are exceptional circumstances, it is allowed by national law, covered by a collective agreement and appropriate safety safeguards are in place. This is an absolute weekly, hourly limit.
How many 12 hour shifts can I work in a row?
“An employer should give an employee enough breaks to make sure their health and safety isn’t at risk if that work is ‘monotonous’ (eg work on a production line).” Secondly, the law stating that you may not work more than 48 hours a week, which would suggest
no more than four 12-hour shifts in a row
.
Who is exempt from overtime?
The Fair Labor Standards Act (FLSA) states that
employees employed as “bona fide executive, administrative, professional and outside sales employees” and “certain computer employees
” may be considered exempt from both minimum wage and overtime pay. These are sometimes called “white collar” exemptions.
Is 44 hours a week overtime?
Most employees are entitled to overtime pay. There are some exemptions for certain industries and professions.
Overtime is all hours worked over 8 hours a day
or 44 hours a week, whichever is greater (8/44 rule).
How many hours a week is overtime?
They get overtime when working:
more than 38 hours per week
, or an average of 38 hours per week over a roster cycle. outside of the span of ordinary hours. more than 11 hours on one day of the week, and more than 9 hours on any other day of the week.
