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When am I entitled to overtime?

As an employee, there may come a time when you work more than 40 hours in a given week. If this happens, you should consider whether or not you are eligible for overtime. After all, if you are entitled to receive overtime pay, you might as well fight for what you deserve.

Unless you are specifically exempt, as outlined by the Fair Labor Standards Act (FLSA), you must receive overtime pay if you work in excess of 40 hours in a single workweek. Furthermore, your rate must be a minimum of time and a half, based on your regular rate of pay.

Note: the FLSA does not limit the number of hours an employee can work in a single week.

As noted by the FLSA, overtime should be calculated and applied on a workweek basis. It is a common misconception that the workweek has to coincide with a traditional calendar week. The workweek can begin on any day at any time. It is also within the rights of the employer to establish a different workweek for different employees.

Regardless of your job, company, or industry, you should learn more about overtime and whether or not you are entitled to receive this pay when you work more than 40 hours in a single workweek. If you have not been paid according to the Fair Labor Standards Act, you will want to discuss this with your company and learn more about your legal rights.

You work hard at your job, and you deserve to be paid for your hours. This includes overtime.

Source: U.S. Department of Labor, Wage and Hour Division, “Fact Sheet #23: Overtime Pay Requirements of the FLSA,” accessed July 21, 2015

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