In accord to the Fair Labor Act overtime pay is mandatory if an employer requires their employees to work beyond 40 hours. There pay must be one half times there regular salary for every hour worked beyond 40 hours.
In regards to overtime pay, employees are expected to fulfill their employment obligations within the established hours of work and within the work week for their position prior to such compensation. Sometimes because of the scope of service, it may not always be feasible to regulate the hours of work.
Administrative, Professional and Managerial employees are exempt from compensation of overtime set forth by the “Fair Labor Standards Act”. The standards exempt employees serving in a management capacity from receiving overtime salary for hours worked beyond their regular scheduled hours.
However, the employer may grant administrative, professional, and managerial staff compensate time off on an hour for hour basis for approved time worked beyond their regular established work hours. This time is, if possible, scheduled in accordance with the desires of the employee, but must be taken within sixty (60) calendar days of accrual in order to prevent its loss. Upon separation from employment, the employee is not entitled to salary for accumulation time. No more than eight (8) days of compensatory time may be carried over beyond the end of a calendar year.
Overtime is work performed by non-exempt employees which exceeds 40 hours per week. Non-Exempt employees required to work overtime may be compensated with time off on an hour for hour basis during the salary period in which earned, or be paid at one and one-half (1-1/2) times the employee’s hourly rate for the overtime worked and must be approved in advance by the employer.
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