What are some of the general overtime provisions under FLSA?
More than 8 hours in a day or more than 40 hours in a week is considered overtime, with the exception of employees on alternative work schedules. A nonexempt employee who works more than 8 hours in a day (or 9 or 10, if on an alternative work schedule), with or without the approval or knowledge of the supervisor, must be compensated in the form of overtime pay or comp time, as appropriate. This is referred to as “suffer and permit”. If the supervisor directs an employee to work after hours, overtime pay or comp time must be given regardless of their FLSA status. (If non-exempt, the employee cannot be coerced to take Comp Time instead of overtime – it is the employee’s choice.
