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Can salary be based on more than 40 hours?
The federal law doesn’t restrict how many hours you can be required to work in a day, although some state laws do. Hourly employees and non-exempt salaried employees must be paid overtime if they work more than 40 hours in a week.
Can you work extra hours without pay?
Employees can be required to work overtime, whether paid or unpaid, only if this is provided for in their contract of employment. However, the employer must ensure that employees’ average pay does not fall below the relevant national minimum wage rate.
Is working 45 hours a week legal?
By law an employee cannot work more than an average 48 hours a week, unless either of the following apply: they agree to work more hours (known as ‘opting out’ of the weekly limit) they do a job not covered by the law on working hours (sometimes known as the ‘working time regulations’)
Can I work more than 40 hours a week?
The Fair Labor Standards Act (FLSA) states that any work over 40 hours in a 168 hour period is counted as overtime, since the average American work week is 40 hours – that’s eight hours per day for five days a week.
Can I refuse to work more than 48 hours?
No, an employer cannot require a worker to opt out of the 48-hour week. Workers can voluntarily agree to work more than an average of 48 hours per week, but the employer must not put them under any pressure to reach such an agreement.
How many hours can an employee be paid for overtime?
Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek.
What if I work more than 35 hours in a workweek?
If you work more than 35 but fewer than 40 hours in a workweek, you will be entitled to be paid for the extra hours at your regular rate of pay unless you work over eight hours in a workday or 40 hours in a workweek. The following are examples of how to calculate the regular rate of pay:
How many hours can an employee work in a day?
The federal Fair Labor Standards Act (FLSA) does not limit the number of hours in a day or days in a week any employee (salaried or hourly) may be required or scheduled to work, including overtime hours, if the employee is at least 16 years old. What the overtime pay laws dictate is how you must be paid for the hours worked.
Can I average hours over two or more weeks?
Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.