Employer Responsibility for “Overtime Gap Time”

If your employees who are subject to minimum wage and overtime rules work more than their usual hours but less than 40 hours in a week, do you have to pay overtime for the “gap” hours? For example, if they normally work 35 hours, but then work an additional 4 hours (39 hours total), do you have to pay overtime for the extra 4 hours? One federal appellate court said no; the Fair Labor Standards Act doesn’t require it. (Another federal appellate court agrees, but yet another does not.) Only hours worked in excess of 40 hours require overtime pay. Of course, there may be contractual obligations or state law rules requiring you to pay more for the extra hours worked. #IdeaoftheDay

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