There are, however, some tasks which cannot be counted as “work” for overtime purposes, so they should not, under the FLSA’s rules, be carried out while an employee is still clocked into their time card. These exceptions were first set out in the The Portal-to-Portal Act of 1947 and the main one is commuting. As you’d expect, you can’t count driving to and from work as overtime. Other exceptions include any time that is spent changing into or out of work clothes, or washing before or after work; unless these tasks are essential to your job.
Q. Which employers have to comply with FLSA overtime rules?
A. Any employer that does more than $500,000 of business a year and has more than two employees must comply with the FLSA’s rules on overtime and overtime payments.
Other employers (likewise with more than two employees) that have to comply with the FLSA are hospitals, businesses providing medical or nursing care for residents, schools, preschools, and government agencies.
Some employees are also covered by the FLSA even if their employer is not. This includes employees whose work is either directly or indirectly involved with products that are sold between states, or if the employee is a domestic service worker such as a housekeeper, full–time babysitter, or cook.
Read more about which employers must comply with overtime rules on the Department of Labor website.
Q. What if my state has its own overtime laws?
A. If your state has its own overtime laws, and your employees are eligible for overtime payments, their pay should be calculated using whichever law (the state’s or the FLSA’s) provides the higher rate rate of pay.
Q. Am I required to pay overtime for weekend work?
A. The FLSA doesn’t make any distinction between weekdays and weekends for the purposes of calculating overtime.
This means you are not required to pay overtime to eligible employees for work that is done over the weekend, or outside of normal working hours during the week, if the employee has not already worked more than 40 hours in that workweek.
Q. When is double time due?
A. Unless your state has its own laws on double time, such as California Overtime Law, you are not required to pay double time. The FLSA says it is the employer’s choice whether to pay double time or not, so the only requirement (unless, like California, your state has another overtime law which overrides this) is to pay eligible employees 1.5 times the normal rate for any hours they work above a standard 40–hour workweek.
Q. How do I know which employees are eligible for overtime pay?
A. Exemptions from overtime payments are carefully defined by the Department of Labor, and it is the employer’s responsibility to know who is exempt and who is not, so it is a good idea to check the regulations before deciding who should, or should not, receive overtime payments.
The main types of employees who do not qualify for overtime payments are: