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Overtime: Federal Law & Overtime Pay

Since 1938, federal law has guaranteed most employees in the United States the right to receive overtime pay of at least time-and-a-half for all work over 40 hours in a seven day workweek. The federal Fair Labor Standards Act applies to essentially all employers and to all kinds of jobs. For employees who are entitled to overtime pay, the employer must pay for all hours worked, and cannot require employees to work “off the clock” or to not report overtime hours. Employers cannot require employees to “agree” to waive overtime or to accept payments of less than time-and-a-half.

Employers that violate the federal law can be required by a court to pay the following damages: all of the unpaid overtime pay owed to an employee for up to three years plus the employee’s attorneys’ fees. In addition, the Court has authority to penalize the employer by awarding liquidated damages to the employee in an amount determined by the Court, up to an additional 100% of the unpaid overtime pay owed by the employer and ordered by the Court.

   
   
Robert Rice & Kevin Dunagan, Board Certified in Labor & Employment Law - Texas Board of Legal Specialization. Other attorneys not certified by the Texas Board of Legal Specialization.

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