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Frequently asked questions about overtime and work hours

As an employer, it is important to make sure that you are abiding by the fair labor standards act (FLSA) so as to ensure that you will not be subject to any complaints or claims made against your employees in regards to overtime and working hours.

The following blog will answer some of the most commonly asked questions about matters that arise around overtime and working hours.

When is it required by law to pay overtime?

In most situations for covered employees, overtime will be owed for every hour worked after their 40th hour in any given work week. This overtime pay must be at least 150 percent the amount of the employee's normal pay. There may be some exceptions to this rule in the cases of those employed by public agencies, for example police officers and nurses.

Is it required to pay an employee more for working on weekends, nights or holidays?

This is not required by the FSLA, but is subject to the working contract as agreed between the employer and employee. However, overtime pay will always apply to covered, nonexempt employees.

Is there a limit to how many hours per week a person can work?

There is no maximum hour rule set by the FLSA, as long as the employee is aged 16 years or older.

Can an employer change an employee's work hours without notice?

The FSLA has no guidelines on scheduling, so an employer can change the scheduled working hours of an employee without notice and without getting permission from him or her. However, there are some exceptions when it comes to child labor provisions.

If you feel that your employer has violated provisions of the FSLA, an attorney can provide advice and guidance.

Source: United States department of labor, "Questions and answers about the fair labor standards act (FLSA)," accessed Aug. 04, 2017

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