What employees are entitled to overtime pay?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What employees are entitled to overtime pay?
I work at a hotel doing housekeeping and I wanted to know if I should be getting paid time and a half if I go over the 40 hours?
Asked on November 30, 2010 under Employment Labor Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
Assuming that you are a non-exempt employee, the Fair Labor Standards Act (FLSA) provides that you are entitled to receive overtime pay for hours worked in excess of 40 in a workweek of at least 1 1/2 times your regular rate of pay.
The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days. Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.
Note: Non-exempt employees typically are those not working on commission or who are not professionals (doctor, lawyer, accountant, etc), or those notacting in an administrative capacity or the like.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.