Overtime Myth: Employees Must Work Over 40 Hours to Earn Overtime

Myth 6: Employees Must Work Over 40 Hours to Earn Overtime

Welcome back to the newest post in the blog series: 11 Employee Overtime Myths. To help you navigate employee overtime classification, we broke one of our most popular whitepapers down into an easily digestible series. The regulatory environment of employee overtime is very complicated, and often confusing. The content from this series comes from the ComplianceHR whitepaper Overtime Myths. If you would like to receive an email alert for each blog post in this series, please submit this brief form.

Overtime Myth 6: Overtime is Only Earned When an Employee Works More Than 40 Hours in a Week

Reality:

This myth is partially true, but there is a caveat…

Under the Fair Labor Standards Act, it is correct to say “Employees must work over 40 hours in a week to earn overtime.” However, some states have more onerous rules for overtime compensation, which can override the FLSA. For instance, in California non-exempt employees begin earning overtime as soon as they begin working for more than eight hours in a day. This means that an employee can theoretically work 40 hours per week and still earn overtime pay.

How can I read the rest of the 11 Employee Overtime Myths?

Sign up to receive the email alert when a new employee overtime myth is published. Alternatively, you can check back in to the Resources section of our website weekly, or download the Overtime Myths whitepaper.

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Disclaimer

This blog and the associated whitepaper are should serve as a starting point for educating Human Resources and Legal professionals on certain aspects of legal obligations of employers. It is not a comprehensive resource or a complete explanation of requirements. It offers practical information concerning the subject matter and is provided with the understanding that ComplianceHR is not rendering legal or tax advice, or other professional services. The contents are for general informational purposes only. We urge you to consult your attorney concerning any particular situation and any specific legal questions you may have.