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

UPDATED: Dec 8, 2016

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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


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

Answered 5 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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