Oklahoma Business Law: When is an employer required to pay for overtime?
If you are a business owner or someone in a position of authority with a business, do you know if your business required to pay overtime to employees?
You might be surprised by the answer, read on to find out.
- The business must be covered by the FLSA. Consider this blog post to answer the question of whether your business covered by the FLSA.
- The employee must not be an exempt employee to qualify for overtime pay. Consider this post for the type of employees who might be exempt from the FLSA.
- The employee must work more than 40 hours in one work week.
What is the work week? I have seen some uncertainty about this from employers. According to the United States Department of Labor:
The Act applies on a workweek basis. An employee’s workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
To summarize: All nonexempt employees of an FLSA-covered employer must be paid at a time and a half for all hours worked over 40 in the same work week.
Discouraging fact provided by the Tulsa World: