Overtime

• When is overtime pay required?

  State law says that overtime is due once an employee has worked 46 hours within a week. Federal law says that overtime is due once an employee has worked 40 hours within a week.

   

• How do I determine whether state or federal overtime requirements apply?

  The determining factors involve the amount of annual revenue and interstate commerce of a business.

   

• What overtime rules should an employer follow - state or federal?

  Contact Federal Wage and Hour at (913) 551-5721 to inquire if federal laws apply to your business.

   

• Are salaried employees entitled to overtime?

  It depends on whether or not they are classified as exempt. If they are salaried but not exempt, they are still entitled to overtime. Whether or not a person is exempt depends on what kind of work they do. The information provided by the U.S. Department of Labor explains this in more detail.

   

• Is overtime due after eight hours a day, Sunday or holidays?

  Under federal law, overtime is due once an employee has worked 40 hours within a week unless the employee has a written contract that specifies something different.

   

• If an employee wants to work overtime (in excess of 40 hours in the workweek) and will accept straight time, can the employee waive his/her right to overtime pay?

  No.

   

• Does an employer have to pay for all hours worked or services rendered?

  Yes, if the employer has authorized you to work or accepts the benefit of your work.

   

• What are the changes in the new federal overtime rules?

  Contact Federal Wage and Hour at (913) 551-5721 to inquire. You may also visit their website at www.dol.gov.