The FLSA applies to businesses with gross revenues of $500,000 or more that also engage in interstate commerce, produce goods for interstate commerce, or handle, sell, or work on goods or materials that have been moved in or produced for interstate commerce. The FLSA also applies to employees who work for the following: hospitals; schools; businesses who care of the sick, aged, mentally ill, or disabled who on their premises; and federal, state, and local government agencies.

Unless specifically exempted, employees covered by the FLSA must receive overtime pay (time and one-half) for all hours worked in excess of 40 in a workweek. Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. This is calculated by dividing the total pay for employment (except for the statutory exclusions like vacation pay, discretionary bonuses, etc..) in any workweek by the total number of hours actually worked. The requirements for computing overtime pay pursuant to section 7(g)(2) are prescribed in 29 CFR 778.415 - 778.421.

Under the FLSA, the employee's workweek is deemed a fixed period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Averaging of hours over two or more weeks, however, is not permitted.

Under the FLSA, there is no limit on the number of hours employees 16 years of age and older may be required to work.

California Overtime Laws

If the employee is not exempt, California employers must pay employees overtime pay at a rate of time and a half for: (1) each hour worked over eight in a single workday, (2) each hour worked over forty in a single workweek, and (3) the first eight hours worked on the seventh day of work in a particular workweek.

Employers must also now pay employees double time for: (1) each hour worked over twelve in a single day and (2) each hour worked over eight on the seventh consecutive day of work in any given workweek.

If you would like assistance with filing a California wage claim with either the California Labor Commissioner or a California Small Claims Court, call 818-849-5206 or email Melissa C. Marsh, Esq. to speak with a licensed California attorney. Mention this article and receive a 30-minute consultation for just $99.