Can You Work 60 Hours & Not Get Paid Overtime?
Review your time card to know if you should receive overtime pay.
- 1 What Hours Count Towards an Hourly Rate?
- 2 State Vs. Federal Minimum Wage
- 3 State Requirements for Paying Hourly Workers
- 4 Can My Employer Make Me Work at Lunch?
Under the Fair Labor Standards Act, certain employees must receive overtime pay if they work a specific number of hours for the week. The state might set its own overtime provisions. If you work 60 hours, whether you should get paid overtime depends on if you worked overtime on a daily or weekly basis and whether you are exempt from FLSA or state overtime laws.
If you are not exempt from FLSA overtime pay provisions and work more than 40 hours for the week, your employer must pay the excess hours at 1.5 times your regular hourly rate. If you meet these standards and work 60 hours, your employer should pay you overtime for 20 hours. The state may follow federal overtime laws, or it might have its own weekly requirement. For example, Texas follows the FLSA, but Minnesota requires overtime for work hours that exceed 48 for the week. If you are subject to both federal and state overtime laws, your employer must use the law that sets the higher standard. In addition, the FLSA applies to employers who are covered under the act, but state law may apply to all employers. Therefore, even if you are not covered under the FLSA, you might have coverage under state law.
The FLSA does not mandate overtime on a daily basis, but some states do. Depending on how you worked the 60 hours, you might be due overtime if you are not exempt from the state’s overtime laws. For example, in Colorado, nonexempt employees must get overtime pay for work hours exceeding 12 for the day. Therefore, even if you did not work at least 40 hours in a given week, your employer might have to pay you overtime. California requires double-time pay in some instances. Consult the state labor department for its overtime rules to clarify whether you should receive overtime under your state’s law.
If you are exempt from FLSA overtime pay provisions, your employer does not have to pay you overtime if you work 60 hours for the week. FLSA rules for exempt are varied and complex; your employer must follow them precisely, as misclassification can cause you to wrongfully not receive overtime. Generally, executive, administrative, professional, computer and outside sales employees are exempt. Some of these employees must receive a weekly salary of at least $455, as of 2013. As a salaried exempt employee, your employer can pay you extra if he wants to. The extra pay may come in the form of a bonus, flat sum, straight-time or time-and-a-half pay or additional time off. For example, your employer could have a policy stating that weekly hours over 50 are paid at a salaried exempt employee’s straight-time pay. This means you would receive your normal salary for 50 hours and the remaining 10 hours would be paid at your regular hourly rate.
Nonexempt General Rule
If you are not exempt under federal or state law, you are nonexempt and must receive overtime as required. Note that you are nonexempt until proved exempt. Exempt status is determined by the duties an employee performs. If you do not perform the mandated duties, you are nonexempt.