In line with the Fair Labor Standards Act (FLSA), employees are eligible for overtime pay unless they are exempt. For hours worked above 40 hours a week, overtime pay is at least 1.5 times an employee's hourly rate.
To be exempt, an employee must meet all three of the following criteria:
- Be paid a salary
- Earn at least $35,568
- Perform exempt job duties
To learn more about the distinction between exempt and nonexempt employees click here.
Some states have different overtime laws. When municipal laws differ from the federal FLSA, comply with the standard most protective to employees. Check with your local labor department to learn more.