What is the law on overtime and company hour regulations?

UPDATED: Oct 1, 2022

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What is the law on overtime and company hour regulations?

My previous employer was a large corporate property management company. We had a company handbook stating property hours which were 8:30-5:00 with a thirty minute lunch break. My particular property kept office hours as 9:00-6:00 pm with very, very little opportunity to ever take a break. I asked multiple times for the hours to comply with the handbook and they refused. Therefore, I worked well beyond 40 hours a week every week but I was

Asked on March 9, 2018 under Employment Labor Law, Virginia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Company regulations do not and cannot overrule the labor law. The law (e.g. Fair Labor Standards Act, or FLSA) is clear that:
1) Hourly workers must be paid overtime whenever they actually work more than 40 hours in a week.
2) Non-exempt salaried workers get overtime (additional) pay when working more than 40 hours in a week; exempt workers do not. To be exempt:
a) The person's salary must be at least $455/week; and
b) The person's job duties and authority must meet one or more of the "tests" for exemption, which can be found on the U.S. Dept. of Labor website, such as the executive (which should be called "managerial," since it applies to non-executive managers) exemption, administrative employee exemption, or professional exemption.
If a salaried worker is not exempt, he or she must receive overtime.

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