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Staff Overtime Pay

Reference Number: MTAS-1194
Reviewed Date: 09/24/2021

The FLSA does not limit the number of hours that an employee may work, either daily or weekly. The act creates an overtime “threshold,” and all hours worked in excess of the threshold must be compensated at a premium rate of pay one and one-half times the normal rate of pay. 29 U.S.C. § 207 (a)(1). For most employees, the overtime threshold is 40 hours in a workweek, but the act contains an exemption for fire and police personnel, which allows longer work periods. The threshold for law enforcement personnel is based on the length of the work period.

The act does not require overtime pay for hours worked in excess of a scheduled shift on any given day or for hours worked on a regularly scheduled off day. Under the act, overtime applies only to hours worked in excess of the overtime threshold for the entire work period.