Legal Definitions - overtime

Overtime refers to two related concepts: first, the hours an employee works beyond their standard scheduled work period, typically exceeding 40 hours in a workweek; and second, the premium pay received for these additional hours. Under federal law, specifically the Fair Labor Standards Act (FLSA), most non-exempt employees are entitled to receive overtime pay at a rate of one and one-half times their regular hourly rate for all hours worked over 40 in a single workweek.

• Example 1 (Retail Industry): During the busy holiday shopping season, Sarah, an hourly sales associate at a clothing boutique, works 52 hours in one week. Her standard schedule is 40 hours. The 12 hours she worked beyond the 40-hour mark are considered overtime.

  Explanation: This illustrates overtime because Sarah worked 12 hours in excess of the federally mandated 40-hour workweek threshold. For these 12 hours, her employer must pay her at a rate of one and a half times her regular hourly wage.

• Example 2 (Manufacturing Sector): A production line worker, Mark, typically works Monday through Friday, 8 hours a day. One week, to meet an urgent client deadline, his supervisor asks him to work an additional 7 hours on Saturday. His total hours for the week become 47.

  Explanation: Mark's 7 hours worked on Saturday, which brought his weekly total to 47, fall under the definition of overtime. The 7 hours exceeding the 40-hour standard must be compensated at a premium rate, usually 1.5 times his normal hourly pay.

• Example 3 (Healthcare Services): David, an hourly medical assistant, is scheduled for 38 hours per week. Due to an unexpected staff shortage, he volunteers to cover an additional 10-hour shift for a colleague. His total hours for that week are 48.

  Explanation: In this scenario, David's first 38 hours are paid at his regular rate. The next 2 hours (bringing him to 40 total) are also at his regular rate. However, the remaining 8 hours (from 40 to 48) constitute overtime, for which he must receive one and a half times his regular hourly wage, as they exceed the 40-hour federal standard.