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Wage and Hour

Authored By: U.S. Department of Labor

Information

Wage and Hour

Know Your Rights - Overtime Compensation and the Fair Labor Standards Act

The Fair Labor Standards Act (FLSA) is a federal statute administered by the Wage and Hour Division of the US Department of Labor. This employee friendly statute was enacted in 1936 and requires employers to pay non-exempt employees, who work in excess of 40 hours in a work week, time and a half for each hour work beyond the regular work week. Employers who violate the FLSA may be required to pay aggrieve employees liquidated damages which will often result in double recovery for complaining employees. IF YOU BELIEVE YOU ARE ENTITLED TO OVERTIME COMPENSATION, CONTACT THE WAGE AND HOUR DIVISION (601-965-4347) OR A PRIVATE ATTORNEY.


  1. What is overtime?
  2. Who is entitled to overtime compensation?
  3. Who is exempt from overtime compensation?
  4. What must an employer pay a non-exempt employee in overtime compensation?
  5. Can I be terminated or retaliated against in any kind of way for asking about my overtime benefits?

What is overtime?

Overtime is time worked in a work week after forty (40) hours.

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Who is entitled to overtime compensation?

All hourly and most salaried employees who are not exempt from overtime compensation.

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Who is exempt from overtime compensation?

Managers of agencies, or departments or subdivisions; supervisors who supervise two or more employees; individuals who possess the power to hire or fire employees or make suggestions that are given substantial weight in these decisions, including promotions. The following are examples of exempt positions: executive directors, department chiefs, city managers, supervisors, directors, etc.

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What must an employer pay a non-exempt employee in overtime compensation?

An employer must pay a non-exempt employee overtime wages at time and one-half (1 ½) of his or her regular rate (29 U.S.C. § 145 207(a), 216 (b).)

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Can I be terminated or retaliated against in any kind of way for asking about my overtime benefits?

No. You can not be terminated or retaliated against for asking about overtime benefits.

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Last Review and Update: Nov 06, 2002