What is the federal law on overtime pay?
The federal law regarding overtime pay is the Fair Labor Standards Act (FLSA). This act was created in 1938 to establish minimum wage, overtime pay eligibility, recordkeeping, and youth employment standards. Under the FLSA, all non-exempt employees must receive overtime pay in the form of time-and-a-half for any hours worked over 40 in a single workweek. In Mississippi, the state labor department follows and enforces the federal overtime laws when it comes to overtime pay. Employers are required to keep accurate records of all hours worked and total wages paid to employees. The records must be kept on file for at least two years. Employers in Mississippi may not try and get around the overtime requirement by paying employees for hours worked that exceed 40 in a single work week with compensatory time instead of overtime pay. Also, employers may not require or permit any kind of “kickback” of wages already earned by employees in exchange for what appears to be additional work hours. In general, if an employee is performing any kind of work, it must be paid for. That includes any hours worked outside of the normal workweek, such as double time on holidays, nights, or weekends. Additionally, all hours worked must be paid for, including any time spent training or completing paperwork. Oversight of all of this must be maintained by the employer.
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