These laws may take into account other considerations than humanitarian concerns, such as preserving the health of workers so that they may continue to be productive, or increasing the overall level of employment in the economy.
A worker may receive overtime pay plus equal time off for each hour worked on certain agreed days, such as public holidays.
In some cases, particularly when employees are represented by a labour union, overtime may be paid at a higher rate than 1.5 times the hourly pay.
In some factories, for example, if workers are required to work on a Sunday, they may be paid twice their regular rate (i.e., "double time").
[5] In the United States the Fair Labor Standards Act of 1938 applies to employees in industries engaged in or producing goods for interstate commerce.
The nature of a job determines whether an employee is entitled to overtime pay, not employment status or the field of work.
[7] Classes of workers who are exempt from the regulation include certain types of administrative, professional, and executive employees.
On August 23, 2004, President George W. Bush and the Department of Labor proposed changes to regulations governing implementation of the law.
[10] The Bush administration maintained that the practical impact on working Americans would be minimal and that the changes would help clarify an outdated regulation.
A recent case is Encino Motorcars v. Navarro, which addresses the question of whether automobile dealer service advisors are eligible for overtime.
The New York Times noted in 2017 that "Despite their appeal, the apps have faced a wave of criticism, including concerns over wheelchair accessibility and driver pay.
Under the California Labor Code, an "employee" is "[any] person, including aliens and minors, rendering actual service in any business for an employer, whether gratuitously or for wages or pay, whether the wages or pay are measured by the standard of time, piece, task, commission, or other method of calculation, and whether the service is rendered on a commission, concessionaire, or other basis."
The eight-hour overtime limit in California frequently gives rise to wage-and-hour litigation for violations of state (but not federal) labour laws.
Perhaps the biggest difference between California and federal overtime law relates to the administrative exemption's "primarily engaged" in duties that meet the test for the exemption requirement, such as duties that involve exercising independent discretion and judgment as set forth in the controversial Order No.