A. The Fair Labor Standards Act, or FLSA, is the federal law that governs payment of the minimum wage and payments for overtime. Most questions about minimum wage and overtime pay are governed by this federal law. Some states have wage and hour laws that may also apply.

A. Generally, all employees of U.S. based businesses are entitled to overtime pay. Only those employees whose actual job duties fit within one of a few narrow exemptions are not entitled to overtime pay.

A. Certain kinds of executive, manager, administrative, professional and outside sales jobs are exempt from overtime.

For example, many executives and degreed professionals are not entitled to overtime pay. Outside salespersons and some department managers are also not entitled to overtime pay. Also, there are different rules for some employees of state and local governments.

A. Under the FLSA, overtime is all work over 40 hours in a single workweek. A few states have overtime laws that may be more generous, for example requiring overtime pay after 8 hours in a single day. Texas law follows federal law and defines overtime as hours worked over 40 in a single workweek.

A. Overtime is calculated on a per workweek basis. Every hour an employee works over 40 hours in one workweek should be compensated at time and a half of the employee’s regular rate. For example if you make $10 per hour, then you should be paid $15 per hour for all hours you work over 40 in a work week.

Generally employers are not allowed to average workweeks together. For example, an employee that works 50 hours one week and 30 hours the next is entitled to 10 hours of overtime pay.

There are special rules for police officers and certain hospital and nursing home employees. There are a few exceptions that allow employers to pay less than time and a half, although these rules are not commonly used by employers.

A. Generally the regular rate of pay is equal to an employee’s usual hourly rate of pay. For salaried employees their regular rate requires converting pay to an hourly equivalent. Nondiscretionary additional wages should also be included in calculating the FLSA overtime rate.

A. Overtime must be paid at time and one-half the regular rate for every hour an employee works over 40 hours in a workweek.

A. Generally all work that benefits the employer in some way, that the employer knows or should know the employee is performing counts as work time.

An employer is responsible for all hours worked, even if the employee was told to work “off the clock” or instructed to turn in inaccurate timesheets.

A. The FLSA normally permits recovery for work performed beginning two years before a complaint is filed in court. An additional year's recovery is permitted if the employer is found to have willfully violated the FLSA. Because these time deadlines are measured from the date suit is filed, it is important to promptly seek the advice of a lawyer experienced in labor and employment law if you have questions about overtime pay.

A. The FLSA allows for the recovery of 1) back pay for all unpaid overtime looking back two years, three years if the employer violated the FLSA willfully; 2) liquidated damages up to 100% of the unpaid overtime if the employer failed to act in good faith; and 3) attorneys’ fees and certain litigation costs.

A. The FLSA requires employers, not employees, to keep proper records of hours worked and wages paid. Courts generally accept an employee’s testimony about the usual or typical hours worked, if the employer has failed to keep records of the actual hours worked.

A. Salaried employees are entitled to overtime pay as long as their job duties do not fit within one of the exemptions to the overtime pay laws. Being paid on a salary, by itself, does not make an employee exempt from overtime.

A. If your employer knew you were working overtime or reasonably should have known it, then you are probably entitled to be paid for the overtime. Many employers will tell employees that they will not pay for overtime that is not approved. However, if they know employees are working overtime, even if it is not approved, they are supposed to pay the employees for the overtime work.

A. No, if you work for an employer other than the government. Only public sector (government) employees are permitted to receive comp. time. Compensatory time off instead of cash for FLSA overtime is not generally permitted in the private sector. A public sector employer may pay (at least some) FLSA overtime with comp. time.

A. Generally, employers must pay employees for mandatory staff meetings and training.

A. If you are working, the employer has to pay.

A. The FLSA contains provisions that protect workers who file cases to recover overtime from retaliation by their employers. Employers that retaliate or discriminate against employees for filing a complaint or for participating in a legal proceeding can be held responsible both civilly and criminally.

A. Private employers may not ask their employees to sign away their rights to minimum wages and overtime pay, even in the context of a waiver. Only waivers supervised by the United States Department of Labor or obtained in a private lawsuit can eliminate your rights.

A. The FLSA provides for a successful employee to recover all of the unpaid overtime pay for up to three years before the date suit was filed, plus an award of attorneys’ fees to be paid by the losing employer. In addition, the court has the authority to require the employer to pay a penalty in an amount determined by the court, up to an additional 100% of the unpaid overtime.

A. Often, employers apply common pay practices to all employees in a particular job. As a result, overtime pay cases often involve multiple employees. The FLSA provides for a special kind of class action, called a collective action. We believe that there is strength in numbers.

A. Employees who are really exempt from the overtime pay requirements are not entitled to extra pay for additional hours worked under the FLSA.