Is it Illegal for Employers to Skip Paying Overtime?
It is paramount for you to know about the state and federal overtime laws so that you can practice fair business routines whether you are an employee or a CEO.
Employees in the US are often encouraged to work over time so that they can fulfill their tasks and often it can be seen as an opportunity to earn more.
It is important that we explore some of the misinterpretations and common myths about overtime pay in the U.S. so that if you are a small business owner, you can comply with state and federal tax laws and regulations.
Do Employers Have to Pay Overtime after 40 Hours?
If employees get paid 40 hours a week, any number of hours they work past that falls as overtime.
The Fair Labor Standards Act or FLSA states that non-exempt employees must be paid time and a half of their standard wage if they work overtime hours.
The whole point here is to understand over time in terms of week. Sometimes they think that they are entitled to over time after working 10 hours.
If the employer gives them a shorter work day after they worked that over time portion, then that means they have efficiently NOT worked over time for that given period.
Can Employers Change Worker Hours to Avoid Overtime?
Hours can be tweaked, however these changes can only be changed in the given work week.
If employees get paid on a 2 week or a month long periods, the adjustment must therefore fit into that same period.
If an employer has a 60 hour work week in one week, and then 20 hours the following week, they may give 20 hours of over time for that work week in the 80 hour pay period.
Can Employees Work Overtime without their Employer’s Approval?
There are generally no limits to the number of overtime hours. However, employers are not legally required to pay their employees for work hours done on weekends, holidays and predetermined rest days. If employees work more than 8 hours on these periods, they should receive overtime pay.
One of the things which people think about is how to get overtime even if they aren’t asked for it.
If there is a job that requires overtime, then employees must finish their work and they deserve to be paid overtime wages accordingly. However employers may recant and say it wasn’t necessary.
This is a rather confusing situation and employees know that federal law can help them. If employers feel like their staff are over charging them, they may take action yet the law.
