Employment Law Practice Exam - Free Practice Test & Study Guide

The primary factor for determining overtime eligibility under the Fair Labor Standards Act (FLSA) is the time worked over 40 hours in a workweek. According to the FLSA, employees are entitled to receive overtime pay—at a rate of one and a half times their regular hourly wage—for all hours worked beyond the standard 40 hours in any given workweek. The law is clear that the calculation of overtime is based on the number of hours an employee works, which sets a straightforward threshold for eligibility.

While salary level and job classification are relevant factors in distinguishing between exempt and non-exempt employees, the core trigger for overtime pay is indeed the number of hours worked beyond 40 in a workweek. Consequently, employees categorized as non-exempt are entitled to overtime regardless of their job classification or salary, provided they exceed the 40-hour threshold. This reinforces that tracking hours worked is crucial for determining an employee's overtime eligibility under the FLSA.