Are some states exempt from paying overtime after 40 hours of work?
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Are some states exempt from paying overtime after 40 hours of work?
My boyfriend has started a new job with a company based in one stae and he works in another state for them. He worked 50.5 hours 1 week and 53 another week. Howver, the company only paid him straight time; it told him that it doesn’t pay overtime in its state. Isn’t it a federal law that he is entitled to overtime? Does it have the right to withhold this pay?
Asked on May 5, 2012 under Employment Labor Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
Yes, overtime is required by federal law for all employees who are not exempt from overtime, which includes essentially all hourly employees. It is required by the Fair Labor Standards Act (FLSA) and the regulations implementing it. Whenever a non-exempt employee works more than 40 hours in a week, he must be paid time-and-half for all hours over 40. Since it is federal law, no states are exempt. Your boyfriend seems as if he'd have a claim for unpaid overtime; he should either consult with an employment law attorney or contract his state department of labor.
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