Does it matter what state my employer is based out of regarding paying me overtime?

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Does it matter what state my employer is based out of regarding paying me overtime?

Whenever I do overtime they don’t pay me time and a half, just straight pay. I’m an hourly based employee. Should they be paying me time and a half for my overtime? Does it matter if they are out of a different state than the one in which I work?

Asked on December 8, 2016 under Employment Labor Law, Florida

Answers:

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

Answered 4 years ago | Contributor

The rules regarding overtime pay are contained in the Fair Labor Standards Act (FLSA). This is a federal law, so no matter what state you live in you are subject to its provisions. This means that you if are a non-exempt worker (i.e. typically but not always, someone who is paid hourly), you must at the very least be paid overtime for any hours that you work over 40 in a work week. State law cannot limit this but it can expand it. For example, in CA you are entitled to OT for any hours worked over 8 in a work day. Bottom line, you need to contact your state's department of labor to get information about filing a wage claim and/or you can consult directly with an employment law attorney for further advice.


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