Menu Close

Does overtime count towards hours worked?

Does overtime count towards hours worked?

Simply put, any time considered “hours worked” by regulation under the federal Fair Labor Standards Act (FLSA) (29 C.F.R. Part 785) or equivalent state law must be counted toward the weekly total hours for overtime purposes.

Can an employer cut hours to keep you from working overtime?

Your employer also has every right to institute a rule preventing you from working over 40 hours in a single workweek without prior approval. There is nothing inherently illegal about this overtime policy and an employer who has such a rule is not necessarily cheating you out of wages.

How many hours can you legally work including overtime?

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. Find out more about the maximum weekly working time limit.

Can overtime pay be waived?

Generally, overtime pay cannot be waived, and overtime work can- not be offset by undertime work.

Can I be denied overtime?

In summary, it is not illegal to refuse making overtime payments but this is dependent on whether or not your employees’ modern award or agreement sets out overtime rates do not apply. Otherwise, you must pay your employees overtime or penalty rates, which you must legally do so.

Can an employer make you work 12 hours a day?

So, while it is indeed legal to work 12 hours a day or more in California, the employee must be compensated at double the regular rate for the hours past 12. Between eight and 12 hours, they must be paid time and a half. After eight hours of work, any additional hours must be paid with double time.

Can you work 100 hours a week?

An occasional 100-hour week is alright. In a study of high earners, management writers Sylvia Ann Hewlett and Carolyn Buck Luce found that a full 35 percent worked more than 60 hours a week, and 10 percent worked more than 80 hours a week. A job with the traditional 40-hour workweek seems like a part-time gig.”

Who is exempt from overtime pay?

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.

Are salaried employees entitled to overtime pay?

Yes, many salaried employees are entitled to overtime pay under the protections of the Fair Labor Standards Act (FLSA). But the amount of money you make is only one part of the overtime equation.

Do you get paid extra for working overtime?

When you receive a salary instead of an hourly wage, you might not get paid extra for working overtime . The rules governing overtime pay are based on the Fair Labor Standards Act (FLSA) of 1938, which also sets out guidelines for a minimum wage and other protections for employees.

Do I get paid overtime if I am on salary?

Salaried Position. Even though you are in a salaried position and paid a salary, you may still be entitled to overtime unless one of the specific exemptions applies. Your right to be paid overtime even though you are in a salaried position depends on the job duties that you perform, not on whether you are paid a salary or an hourly rate.

Does working part time get paid overtime pay?

Because part-time employees typically work less than a full week, they usually don’t earn overtime. Regardless of whether an employee is classified as part time or full time, however, the employee is entitled to overtime pay if he or she works more than 40 hours in a particular week — or, in some states, more than eight hours in a day.