Overtime
What does "Overtime" mean in law?
Overtime refers to the FLSA requirement that covered, non-exempt employees receive compensation at a rate of not less than one and one-half times their regular rate of pay for all hours worked in excess of forty in a single workweek. The determination of whether an employee is entitled to overtime hinges on whether they qualify for an exemption, with the burden of proving exemption resting on the employer and exemptions construed narrowly. Compensable work time includes all time during which an employee is suffered or permitted to work, which can include pre-shift and post-shift activities, on-call time, and training, depending on the circumstances. Employers who willfully violate overtime provisions face a three-year statute of limitations rather than the standard two years, and may be liable for liquidated damages equal to the unpaid overtime.
Definition
Overtime refers to the FLSA requirement that covered, non-exempt employees receive compensation at a rate of not less than one and one-half times their regular rate of pay for all hours worked in excess of forty in a single workweek. The determination of whether an employee is entitled to overtime hinges on whether they qualify for an exemption, with the burden of proving exemption resting on the employer and exemptions construed narrowly. Compensable work time includes all time during which an employee is suffered or permitted to work, which can include pre-shift and post-shift activities, on-call time, and training, depending on the circumstances. Employers who willfully violate overtime provisions face a three-year statute of limitations rather than the standard two years, and may be liable for liquidated damages equal to the unpaid overtime.
Example
A construction worker who regularly works fifty-five hours per week but is paid a flat salary with no overtime premium has a strong FLSA claim for fifteen hours of unpaid overtime per week.