Is it mandatory to be paid overtime for working any hours over 40?

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Is it mandatory to be paid overtime for working any hours over 40?

For a sales associate working full-time making $13.00 per hour.

Asked on January 13, 2016 under Employment Labor Law, Florida

Answers:

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

Answered 5 years ago | Contributor

For "nonexempt" employees, federal law requires overtime pay (of not less than 1 1/2 times an employee's regular pay rate) after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to polics/firefighters and to employees of hospitals/nursing homes. 
You should also know that some states have enacted their own overtime laws. In that case, an employee is entitled to overtime according to the higher standard.
As to who an exempt employee is, they're typically hourly workers in non-managerial positions. For a further explanation of who is/isn't exempt, check with the U.S. Department of Labor and/or your state department of labor (both have websites).


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