The Fair Labor Standards Act (FLSA) is a federal law that requires overtime pay to be paid to most employees at the rate of one and one-half times their regular rate of pay when employees work more than 40 hours in a week. (As explained below, the regular rate of pay is equal to an employee's hourly rate of pay or higher).
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HOW IS OVERTIME REQUIRED TO BE CALCULATED AND WHEN MUST OVERTIME BE PAID?

The regular rate of pay is the rate at which overtime compensation must be calculated. For each hour of overtime worked an employee must be paid one and one-half times the employee's regular rate of pay.
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HOW DO YOU COMPUTE THE REGULAR RATE FOR SALARIED EMPLOYEES?

Computation of the rate at which overtime must be paid for salaried employees is based on the number of hours for which the employee's salary is intended to compensate him or her.
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WHAT ARE SOME COMMONLY USED PAYMENT METHODS WHICH ARE PROHIBITED BY THE FLSA?

A lump sum payment for work performed during overtime hours without regard to the number of hours worked does not qualify as overtime compensation.
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DOES OVERTIME HAVE TO BE PAID IN CASH?

With the exception of government employees, overtime compensation must be paid in cash. Compensatory time off is not permitted as payment for hours worked in excess of forty hours a week.
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WHEN MUST OVERTIME BE PAID?

Overtime compensation must be paid on the regular payday for the pay period covered.
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ARE THERE SPECIAL RULES FOR TIPPED EMPLOYEES?

Congress has enacted a special exception to the rules for computing the minimum wage for tipped employees. An employer is permitted to pay tipped employees a "cash wage" of only one-half the 1996 minimum wage ($4.25/hour).
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ARE THERE SPECIAL RULES FOR EMPLOYEES OF HOSPITALS AND RESIDENT CARE FACILITIES?

There is a special partial overtime exemption for employees of hospitals and residential care facilities.
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WHAT IS CONSIDERED "WORK TIME" UNDER THE FLSA?

All work time must be counted in computing an employee's overtime pay including work not requested but suffered or permitted by an employer.
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ARE EMPLOYEES WHO WORK IN THE RESTAURANT, GROCERY AND FOOD PREPARATION BUSINESS, SUBJECT TO MORE FREQUENT VIOLATIONS OF THE FLSA THEN OTHER INDUSTRIES?

Yes, FLSA violations are rampant among restaurants, grocery, and other food preparation employers. Remember, no one can "volunteer" to work for free for their employer. Yet, employers try to either trick or to intimidate employees into doing so. Some recent cases illustrate this.
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WHEN DOES TRAVEL TIME COUNT AS OVERTIME WORK?

Generally, travel time conducted for work during work hours is compensable whereas ordinary home-to-work travel is not. Set forth below are some different travel circumstances:
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WHEN DOES TRAINING TIME COUNT AS OVERTIME WORK?

Attendance at training, meetings and lectures must be counted as work activities unless all four of the following criteria are met:
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WHEN DOES AN EMPLOYER HAVE TO PAY FOR ON-CALL TIME, WAITING TIME AND BREAK TIME?

Break Time is Compensable Unless the Breaks are Really Long. Although there is little case law on the issue of whether breaks are compensable, the U.S. Department of Labor's rule is--
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ARE MEAL PERIODS AND/OR SLEEP TIME COUNTED AS OVERTIME HOURS?

Meal periods and sleep time spent on the employer's premises are compensable under certain circumstances. Employers who require employees to remain on the employers premises and to respond to calls and interruptions during an employee's meal periods and sleep time are required, in most circumstances, to pay the employees for their meal periods and sleep time.
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CAN AN EMPLOYER AND EMPLOYEE AGREE TO WAIVE OVERTIME PAY?

No! Overtime pay may not be waived by agreement between the employer and employee. If the employer does not want employees to work overtime, it must establish and enforce workplace rules prohibiting overtime.
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ARE VOLUNTEERS COVERED BY THE FLSA?

There is no such thing as "volunteers" who work for for-profit enterprises.
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WHAT DAMAGES CAN EMPLOYEES RECOVER UNDER THE FLSA?

Under the FLSA, backpay damages equal the difference between what an employee would have been paid for overtime hours had the employer complied with the FLSA and the amount that the employee actually received as payment, if anything, for working overtime.
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HOW FAR BACK CAN DAMAGES BE OBTAINED?

There is a two year statute of limitations that applies to FLSA overtime claims which is extended to three years if it is proven that the employer "willfully" violated the law. This means that if you filed a case today, you would be able to recover back overtime pay going back two years and possibly three years from today.
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HOW DO EMPLOYEES' PROVE DAMAGES? DO THEY HAVE TO KEEP THEIR PAYROLL RECORDS?

The FLSA requires employers to keep accurate payroll records of employees' work hours and the amounts paid to them.
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ARE THE OVERTIME LAWS DIFFERENT FOR GOVERNMENT EMPLOYEES?

The application of the overtime laws to federal, state, and local government employees is, for the most part, the same as the application in the private sector. There are a few noteworthy differences, however.
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WHAT CATEGORIES OF EMPLOYEES CAN LEGALLY BE DENIED FLSA OVERTIME PAY?

The FLSA has a number of categories of employees who are exempt from the overtime laws. In some cases, however, state laws cover the employees who are exempt from the FLSA.
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WHAT ARE THE SO-CALLED "WHITE COLLAR" EXEMPTIONS TO THE FLSA?

These are the administrative, professional and executive exemptions. They are misnamed the "white collar" exemptions because in today's economy many office workers are covered by the overtime laws.
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HOW IS PAYMENT ON A SALARIED BASIS DEFINED?

The U.S. Department of Labor defines payment on a salaried basis as receipt of an employee's full salary in any workweek in which the employee performs any work without regard to the number of hours or days worked.
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ARE ADMINISTRATIVE EMPLOYEES EXEMPT FROM THE FLSA?

The duty tests for each of these exemptions can be quite complicated. Each exemption sets forth a three-part test which is briefly outlined below. To qualify for the exemption, the employer must prove that the employee's primary job duties meet all aspects of the duty test.
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ARE PROFESSIONALS, IN GENERAL, EXEMPT FROM THE FLSA?

The professional exemption is intended to apply to employees who work in recognized professions that typically require a four year college degree or higher such as doctors, lawyers, engineers, architects, scientists, teachers in a recognized school system, etc.
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ARE ARTISTIC PROFESSIONALS EXEMPT FROM THE FLSA?

Persons employed in the arts are exempt from receiving overtime under the artistic professional exemption. This is most often misapplied to persons who work in fields that have limited avenues for creativity such as draftsman, graphic artists, journalists, technical writers, copy writers and the like.
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ARE COMPUTER PROFESSIONALS EXEMPT FROM THE FLSA?

This exemption is limited to computer programmers and computer systems analysts. In contrast, employees who are engaged in the maintenance, operation or repair of computers and software are clearly entitled to receive overtime.
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ARE EXECUTIVES EXEMPT FROM THE FLSA?

The executive exemption applies to managers and high level supervisors who are paid on a salaried basis.
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ARE OUTSIDE SALES PEOPLE EXEMPT FROM THE FLSA?

This exemption applies to employees who engage in making sales away from the employer's place of business. It does not apply to telemarketers or any other salespeople who make sales from their employer's place of business.
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ARE COMMISSIONED RETAIL SALES EMPLOYEES EXEMPT FROM THE FLSA?

Employees of retail or service establishments are exempt from receiving overtime if more than half of the employee's earnings come from commissions and the employee averages at least one and one-half times the minimum wage for each hour worked.
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ARE TRUCK DRIVERS EXEMPT FROM THE FLSA?

Excluded from receiving overtime are drivers, driver's helpers, loaders and mechanics employed by a motor carrier (cars, trucks, etc.), if the employee's duties affect the safety of operation of vehicles in transportation of passengers or property in interstate commerce.
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ARE INDEPENDENT CONTRACTOR ENTITLED TO PROTECTION UNDER THE FLSA?

Independent contractors are not, of course, entitled to FLSA overtime pay.
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WHAT OTHER CATEGORIES OF WORKERS ARE EXEMPT FROM THE FLSA?

There are other exemptions that apply to employees in certain other occupations.
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ARE EMPLOYEES PROTECTED FROM RETALIATION BY EMPLOYER FOR FILING CLAIMS UNDER THE FLSA?

The FLSA and many state laws contain provisions that protect workers who file cases to recover overtime from retaliation by their employers.
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WHAT SHOULD I DO IF I BELIEVE THAT I HAVE A CLAIM FOR MINIMUM OR OVERTIME WAGES UNDER THE FLSA?

The determination of the validity of minimum or overtime wage claims depend upon the analysis and application of a complex federal statute to a particular situation.
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