['Wage and Hour']

['Wage and Hour', 'Overtime']

02/14/2024

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Topic Search
Wage and Hour - Wage and Hour
FAQ

FAQ

Must an employer pay overtime to a nonexempt (hourly) employee for a week in which the combined work time and paid time off (PTO) puts the employee over 40 hours?

RegSense Wage and Hour Wage and Hour Associate Benefits & Compensation Best Results FAQ Overtime Human Resources English Focus Area USA

Under federal law, no. Employers are required to pay their nonexempt (hourly) employees at time and one-half their regular rate of pay only if the employee worked over 40 hours in a workweek (key word is “worked”).

Generally, the regular rate includes all pay. However, there are some exclusions. Employers don’t have to include payments for time when no work is performed due to vacation, holidays, or illness.

Thus, nonwork hours — such as PTO — are not included in an employee’s regular rate of pay.

['Wage and Hour']

['Wage and Hour', 'Overtime']

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