Do Employers Have to Pay Time and a Half for Overtime?

Time and a half for overtime is required for most hourly employees and some salaried workers under federal and most state laws. However, not all workers may understand when they have a legal right to overtime pay and under what circumstances.

What is Time and a Half?

Time and a half is defined as 150 percent of a worker’s hourly wage. For salaried workers to whom overtime rules apply, this is determined by taking the amount paid for a week and dividing the figure by 40. So, if a worker’s hourly wage is $15 per hour, time and a half for overtime would be $22.50 ($15 + $7.50).

When am I Entitled to Time and a Half for Overtime?

Under federal labor laws as well as most state statutes, an employer must pay time and a half for all hours worked in excess of 40 per week, regardless of how many hours they work in a day. This is known as the “weekly standard.” If an employee works 10 hours on Monday, 12 hours on Tuesday, standard 8 hour shifts on Wednesday and Thursday, but then only puts in two hours on Friday, that is still considered a 40-hour week; there would be no overtime.

On the other hand, a few states, such as California, use a daily standard, meaning that overtime kicks in whenever a worker is on the job for more than eight hours in a day, regardless of whether or not s/he exceeds 40 hours over the course of the week. California wage and hour laws also have additional protections for employees.

When Must an Employer Pay Time and a Half for Overtime?

Under the federal Fair Labor Standards Act (FLSA), overtime rules apply to all businesses that do $500,000 or more in annual sales as well as any company that conducts business across state lines, regardless of size. The latter includes all out of state communication, as well as moving goods from or to another state, or providing service in another state.

Some states have even more stringent rules about paying time and a half for overtime; employers should consult with their state’s labor authorities in order to make certain they are in compliance – because violations of overtime laws can be very costly, leading to fines as well as the possibility of expensive civil litigation.

Are There Workers Who are Exempt from Overtime Rules?

Certain workers are exempted from receiving time and a half for overtime. Among these are:

• executive and professional workers paid over $455 per week
• domestic servants and care providers
• commissioned sales personnel
• IT workers and computer specialists making under $27.63 per hour
• seasonal employees
• seamen and commercial fishermen

What if I was Denied Overtime?

If you determine that you are covered by overtime rules and were denied time and a half for overtime over the past three years, you have a few options. Your first course of action should be to contact your state’s department of labor and file a complaint. You can also contact an attorney who specializes in labor laws.

Several employers have been targeted in lawsuits for failure to pay overtime to non-exempt employees, and many of these actions have been successful. It is important however to pay attention to the statute of limitations, which in this case, is three years. If you fail to file a claim within that period, you may lose your right to overtime.

Join a Free Wage & Hour Class Action Lawsuit Investigation

If you were forced to work off the clock or without overtime pay within the past 3 years, you have rights – and you don’t have to take on the company alone.

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