Understanding Overtime Pay: 8 Hours vs. 40 Hours

When it comes to overtime pay in the United States, the rules can vary based on both federal and state laws. Understanding these rules is crucial for both employers and employees to ensure compliance and avoid legal pitfalls. This article will explore the differences between overtime pay over 8 hours in a single workday and overtime pay over 40 hours in a workweek, with a focus on the Fair Labor Standards Act (FLSA) and state-specific laws.

Overview of Overtime Pay Regulations

The FLSA is a federal law that establishes minimum wage, overtime pay, recordkeeping, and child labor standards. According to the FLSA, employees are generally entitled to receive overtime pay for any hours worked over 40 in a workweek. This is known as overtime over 40 hours. However, some states have enacted additional laws that require overtime pay to be paid after working 8 hours in a single workday, which is known as overtime over 8 hours.

Overtime Over 40 Hours

Workweek Standards: The FLSA defines a workweek as a fixed and clearly defined interval of 168 hours, usually a seven-day period. Under this law, non-exempt employees must be paid overtime for any hours worked over 40 in a workweek. The overtime rate is typically 1.5 times the employee's regular rate of pay for those extra hours.

State Variations: While the FLSA provides a clear federal standard, many states have their own laws that may offer greater protections for employees. For instance, Oregon, Vermont, and Washington all require overtime pay after 40 hours in a workweek.

Overtime Over 8 Hours

Workday Standards: Some states have enacted laws requiring overtime pay for hours worked over 8 in a single workday. These laws are often designed to protect employees who work long hours on a daily basis. California, for example, has a strict overtime law that requires employees to receive overtime pay for any hours worked over 8 in a single workday, regardless of whether the total weekly hours exceed 40.

_EXCEPTIONS: It's important to note that there are numerous exceptions to these general rules. Some jobs are exempt from the overtime requirements, such as executive, administrative, professional, outside sales, and computer employees. These exemptions are based on job duties and are governed by the FLSA and state laws.