Section 7(a) of the Act deals with maximum hours and overtime compensation for employees who are within the general coverage of the Act and are not specifically exempt from its overtime pay requirements. It prescribes the maximum weekly hours of work permitted for the employment of such employees in any workweek without extra compensation for overtime, and a general overtime rate of pay not less than one and one-half times the employee's regular rate which the employee must receive for all hours worked in any workweek in excess of the applicable maximum hours. The employment by an employer of an employee in any work subject to the Act in any workweek brings these provisions into operation. The employer is prohibited from employing the employee in excess of the prescribed maximum hours in such workweek without paying him the required extra compensation for the overtime hours worked at a rate meeting the statutory requirement.
Notes of Decisions
Cited in
5
cases (
2 in the last 5 years), 1993–2022 · leading case:
Schmitt v. State of Kan., 844 F. Supp. 1449 (D. Kan. 1994).
Featsent v. City of Youngstown, 859 F. Supp. 1134 (N.D. Ohio 1993).
“In order to make the required overtime calculations, the City must look to the regulations at 29 C.F.R. §§ 778.100 through 778.122 for guidance.”
Khan v. AC Auto., Inc. (S.D.N.Y. 2021).
“See 29 C.F.R. 778.100 (regular rate, for purposes of calculating overtime, may not be less than statutory minimum wage); N.”
Weaver v. Brown Cnty. Senior Citizens Council (S.D. Ohio 2022).
“49 (b); see also 29 C.F.R. § 778.100 . Thus, in any workweek in which an hourly, non-exempt employee works for an employer, the employer must total the employee’s hours worked and determine whether the employee worked overtime.”
Seets v. Anne Arundel Cnty., 40 F. App'x 744 (4th Cir. 2002).
“See 29 C.F.R. §§ 778.100 -.118. The necessity of such an instruction depends on whether the County’s calculation of the plaintiffs’ regular rate was invalid under the FLSA.”
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