Myth 7: Federal Overtime Rules Trump State Rules
Welcome back to the newest post in the blog series: 11 Employee Overtime Myths. To help you navigate employee overtime classification, we broke one of our most popular whitepapers down into an easily digestible series. The regulatory environment of employee overtime is very complicated, and often confusing. The content from this series comes from the ComplianceHR whitepaper Overtime Myths.
Overtime Myth 7: Federal Overtime Rules Trump State Rules
Reality:
A number of states have their own overtime pay rules. If they are more beneficial for workers, the FLSA requires employers to follow the state law.
As we saw in the previous myth/reality, California (and some other states) base overtime pay requirements on a daily rather than weekly basis. If a non-exempt employee in California works more than 8 hours a day, overtime pay is required, even if total hours in the workweek do not exceed 40 hours.
As a general rule, if an employee is non-exempt, under either federal or state law, the employee must be classified as non-exempt and receive overtime pay in accordance with that law.
How can I read the rest of the 11 Employee Overtime Myths?
Sign up to receive the email alert when a new employee overtime myth is published. Alternatively, you can check back in to the Resources section of our website weekly, or download the Overtime Myths whitepaper.
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We provide employers of all industries, sizes, and locations with solutions that empower employers to handle complex compliance issues. Markedly, our solutions take less time, cost, and complexity than traditional methods. The Navigator Suite both simplifies employment law compliance and helps you streamline your compliance workflow in only a few simple clicks.
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Disclaimer
This blog and the associated whitepaper are should serve as a starting point for educating Human Resources and Legal professionals on certain aspects of legal obligations of employers. It is not a comprehensive resource or a complete explanation of requirements. It offers practical information concerning the subject matter and is provided with the understanding that ComplianceHR is not rendering legal or tax advice, or other professional services. The contents are for general informational purposes only. We urge you to consult your attorney concerning any particular situation and any specific legal questions you may have.
