Q. The regular workweek for employees in my department is 37.5 hours, rather than 40. Should their overtime be calculated based on the hours they work over 37.5?
A. No. The Fair Labor Standards Act () is very specific on how and when overtime is calculated. Forty hours is always the magic number, and the rate is not less than time and one-half their regular rates of pay. Of course, this doesn’t mean your company can’t be more generous than the law requires and pay overtime after 37.5 hours—but it’s not required to.
- Paying nonexempt employees a salary? Be sure to get agreement on hourly rate
- Know the FLSA's requirements: Small, local employers may well have to comply
- Beware minimum wage, OT violations--you could owe double damages, and more
- Boss fills in for nonexempt: Is status jeopardized?
- For OT, it's the truck's weight classification--not the load--that counts