Federal Rule (FLSA): Non-exempt employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rate of pay.
1. Determining If You Are Non-Exempt
Job titles do not determine overtime eligibility. Under federal and state regulations, exemption requires meeting both salary threshold tests and specific executive, administrative, or professional duty criteria.
2. Calculating Your Regular Rate of Pay
The regular rate includes all remuneration for employment paid to, or on behalf of, the employee (such as non-discretionary bonuses, commissions, and shift differentials), divided by total hours worked in that workweek.
3. Statute of Limitations
Under federal law (29 U.S.C. § 255), claims must be filed within 2 years, extended to 3 years for willful violations. State statutes may allow longer recovery periods (e.g. up to 3 or 4 years in California and New York).