Published by Table Of Contents
Employee Overtime Hours and Pay
The FLSA states that any work over 40 hours in 168 hours is counted as overtime since the standard full-time work week in the U.S. is 40 hours (8 hours per day for 5 days a week). However, many employees work unusual shifts and go above and beyond this standard, putting in more than the average 40 hours.
On a workweek basis, FLSA requires employers to pay a wage of 1 1/2 times an employee’s normal pay rate after that employee has completed 40 hours of work for workers 16 and over. Weekend or night work does not apply for overtime pay unless it is over the mandated 40 hours.
Read Also: Example of Working Off the Clock
Are There Exceptions to Unlimited Work Hours?
In most cases, workers can legally work up to 24 hours in a single day. However, there are several exceptions to this rule, such as workers who are:
- In a regulated industry, like trucking,
- Under the age of 16, or
- Subject to a collective bargaining agreement.
Read Also: Protected Classes in California
The Fair Labor Standards Act of 1938 (29 U.S.C. § 203) was created to establish a minimum wage, overtime pay, record keeping, and youth employment standards for employees in the private sector and Federal, State, and local governments. It also prohibits the employment of minors in “oppressive child labor”.
FLSA applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or the production of goods for commerce. The Act was signed into law by Franklin D. Roosevelt in 1938.
Related Article: Split Shift in California
What Does OSHA Say About Extended Work Shifts?
The Occupational Safety and Health Act (OSHA) considers a normal work shift to be no more than 8 consecutive hours during the day, 5 days a week, with at least an 8-hour rest. Any shift that incorporates more continuous hours requires more consecutive work days or requires work during the evening or night should be considered extended or unusual.
Related Article: What Is A Non-Discretionary Bonus?
What is OSHA?
OSHA is responsible for protecting worker health and safety in the United States. Congress created OSHA in 1971, following the passage of the Occupational Safety and Health Act of 1970 to ensure safe and healthy working conditions by enforcing workplace laws and standards and also by providing training, outreach, education, and assistance.
Related Articles:
FAQs
Do employers have to provide breaks or meal periods during long shifts?
Under federal law, there is no requirement for employers to provide breaks or meal periods, but many states have their own laws that mandate such breaks. For instance, some states require a 30-minute meal break for shifts longer than 5 or 6 hours, as well as rest breaks for every 4 hours worked.
Can I work multiple jobs that exceed 40 hours in total?
Yes, you can work multiple jobs that exceed 40 hours in total, but each employer is only responsible for paying overtime if you work more than 40 hours for that employer in a single workweek. Employers are not required to combine hours worked at different jobs for overtime purposes.
Can my employer require me to work overtime?
Yes, under federal law, your employer can require you to work overtime as long as you are compensated according to the FLSA guidelines. This means you must be paid at least 1.5 times your regular pay rate for hours worked over 40 in a workweek if you are a non-exempt employee.
See all related hourly worker wage dispute lawsuits our lawyers covered so far.
Get a Free Lawsuit Evaluation With Our Lawyers
The Litigation Group at Schmidt & Clark, LLP law firm is an experienced team of trial lawyers that focus on the representation of plaintiffs in lawsuits. We are handling individual litigation nationwide and currently accepting new legal challenges in all 50 states.
If you or a loved one was involved with suspicious working hours, you should contact S&C immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
To contact us for a free review of your potential case, please fill out the form below or call us toll free 24 hrs/day by dialing: