Overtime over 40 vs over 8 hours


Federal pay policy indicates that overtime is paid when more than 40 hours of approved overtime work is performed in one week, or 8 hours in one day. Which is it and who decides this?

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Asked on September 11, 2017 9:57 pm
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According to 5 CFR 551, https://www.law.cornell.edu/cfr/text/5/551.501 work in excess of 8 hours per day or 40 hours per week will be overtime. There are exceptions, for example, if on an approved compressed work schedule, it would not apply, and there are positions which are Exempt from the Fair Labor Standards Act (FLSA) and other positions which are Non-Exempt. And then there are positions which mandate overtime and these employees are given LEAP or AUO. These are some of the examples that will determine if an individual will be paid overtime or given compensatory time off or neither.

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Answered on September 13, 2017 1:34 pm
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If an employee is FLSA non-exempt, it means that employee should receive time and one-half for overtime work after 8 hours in a day and 40 hours in a workweek. Many employees are misclassified as exempt from the FLSA overtime provisions and do not receive time and one-half for overtime work. Also, employees who are or should be FLSA non-exempt and receive AUO are also entitled to FLSA overtime pay. AUO pay is not a substitute for FLSA overtime pay for non-exempt employees.

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Answered on May 23, 2018 2:34 am