State vs. Federal Overtime Law

United States workers who are unfamiliar with federal and state wage and hour laws may have been wrongfully denied the overtime wages to which they are entitled. Federal law stipulates that, for the majority of workers, any hours worked in excess of 40 within a standardized period of 7 consecutive 24-hour days should be paid at time-and-a-half, or 1.5 times the worker’s hourly wage. However, there may be added protections and benefits that are augmented by state wage and hour laws.

In any case where federal and state labor laws conflict, be it in regard to overtime pay, minimum wage, or other labor standards, the regulation that provides the most benefit to the worker is the one that is upheld. For instance, some state minimum wages are technically less than the federal minimum wage, but these workers, provided they qualify under federal statues, must be paid the higher amount. Likewise, if a state’s minimum wage is higher than the federal standard, the employee is entitled to the higher minimum wage.

The area of overtime pay may be subject to this principle as well. One prominent example is California’s overtime laws, which supplement the FSLA by requiring that any hours in excess of 8 per day also be compensated at time and half. Laws concerning required break periods and lunches also vary by state and will override federal provisions where applicable.

These issues can be difficult to navigate, which is why anyone who suspects that he or she is not being paid what is due should contact an experienced overtime attorney. At US Overtime Lawyers, we are deeply familiar with the state and federal laws that are in place to protect workers and establish their right to fair compensation. Contact us today for a free consultation by completing the form on the right.