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Section 207(a) requires overtime pay after 40 hours in a workweek.

The Claim

Under 29 U.S.C. § 207(a), overtime is payable at one and one-half times the regular rate for hours worked beyond thirty-five in a workweek.

Verified by Lenz ·

The Short Version

The statutory overtime threshold is 40 hours in a workweek, not 35. Under 29 U.S.C. § 207(a), covered nonexempt employees must receive at least one and one-half times their regular rate for overtime hours. The claim gives the pay multiplier correctly but places it at the wrong threshold.

Caveats

  • The federal overtime requirement generally applies to covered, nonexempt employees.
  • One and one-half times the regular rate is the statutory minimum, not a maximum.
  • A separate law or employment agreement may provide overtime after fewer hours; that is not the threshold set by § 207(a).

The Receipts

  1. 29 USC 207: Maximum hours

    uscode.house.gov

  2. eCFR :: 29 CFR Part 778 -- Overtime Compensation

    ecfr.gov

  3. U.S.C. Title 29 - LABOR

    govinfo.gov

  4. Fact Sheet #23: Overtime Pay Requirements of the FLSA | U.S. Department of Labor

    dol.gov

  5. elaws - FLSA Overtime Calculator Advisor

    webapps.dol.gov

  6. Fact Sheet #56A: Overview of the Regular Rate of Pay Under the Fair Labor Standards Act (FLSA) | U.S. Department of Labor

    dol.gov

  7. Wages and the Fair Labor Standards Act

    dol.gov

  8. 29 U.S. Code § 207 - Maximum hours | U.S. Code | US Law | LII / Legal Information Institute

    law.cornell.edu

  9. 29 U.S.C. § 207 - U.S. Code - Unannotated Title 29. Labor § 207. Maximum hours

    codes.findlaw.com

  10. 29 CFR Part 785 -- Hours Worked

    ecfr.gov

+ 5 more sources — see the full list on Lenz

Filed Under

29 U.S.C. § 207(a)