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


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

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