Overtime is the amount of time someone works beyond normal working hours. The term is also used for the pay received for this time. Normal hours may be determined in several ways:
The Equal Pay Act of 1963 is a United States labor law amending the Fair Labor Standards Act, aimed at abolishing wage disparity based on sex. It was signed into law on June 10, 1963, by John F. Kennedy as part of his New Frontier Program. In passing the bill, Congress stated that sex discrimination:
United States labor law sets the rights and duties for employees, labor unions, and employers in the United States. Labor law's basic aim is to remedy the "inequality of bargaining power" between employees and employers, especially employers "organized in the corporate or other forms of ownership association". Over the 20th century, federal law created minimum social and economic rights, and encouraged state laws to go beyond the minimum to favor employees. The Fair Labor Standards Act of 1938 requires a federal minimum wage, currently $7.25 but higher in 29 states and D.C., and discourages working weeks over 40 hours through time-and-a-half overtime pay. There is no federal law, and few state laws, requiring paid holidays or paid family leave. The Family and Medical Leave Act of 1993 creates a limited right to 12 weeks of unpaid leave in larger employers. There is no automatic right to an occupational pension beyond federally guaranteed social security, but the Employee Retirement Income Security Act of 1974 requires standards of prudent management and good governance if employers agree to provide pensions, health plans or other benefits. The Occupational Safety and Health Act of 1970 requires employees have a safe system of work.
National League of Cities v. Usery, 426 U.S. 833 (1976), was a case in which the Supreme Court of the United States held that the Fair Labor Standards Act could not constitutionally be applied to state governments. The decision was overruled by the U.S. Supreme Court in Garcia v. San Antonio Metropolitan Transit Authority.
Milan Dale Smith Jr. is an American attorney and jurist serving as a United States Circuit Judge of the United States Court of Appeals for the Ninth Circuit. Smith's brother, Gordon H. Smith, was a Republican U.S. Senator from 1997 to 2009.
Lechmere, Inc. v. National Labor Relations Board, 502 U.S. 527 (1992), is a US labor law case of the Supreme Court of the United States on union rights and private property rights. It forbids nonemployee union organizers from soliciting support on private property unless no reasonable alternatives exist.
Anderson v. Mt. Clemens Pottery Co., 328 U.S. 680 (1946), is a decision by the US Supreme Court that held that preliminary work activities, if controlled by the employer and performed entirely for the employer's benefit, are properly included as working time under Fair Labor Standards Act. The decision is known as the "portal to portal case."
Auer v. Robbins, 519 U.S. 452 (1997), is a United States Supreme Court case that concerns the standard that the Court should apply when it reviews an executive department's interpretation of regulations established under federal legislation. The specific issue was whether sergeants and lieutenants in the St. Louis Police Department should be paid for working overtime. The Fair Labor Standards Act of 1938 established the overtime pay requirement, and the US Department of Labor issued regulations to determine if an employee was covered by the overtime requirement.
NLRB v. J. Weingarten, Inc., 420 U.S. 251 (1975), is a US labor law case decided by the Supreme Court of the United States. It held that employees in unionized workplaces have the right under the National Labor Relations Act to the presence of a union steward during any management inquiry that the employee reasonably believes may result in discipline.
The Fair Labor Standards Act of 1938 29 U.S.C. § 203 (FLSA) is a United States labor law that creates the right to a minimum wage, and "time-and-a-half" overtime pay when people work over forty hours a week. It also prohibits employment of minors in "oppressive child labor". It applies to employees engaged in interstate commerce or employed by an enterprise engaged in commerce or in the production of goods for commerce, unless the employer can claim an exemption from coverage. The Act was enacted by the 75th Congress and signed into law by President Franklin D. Roosevelt in 1938.
Garcia v. San Antonio Metropolitan Transit Authority, 469 U.S. 528 (1985), is a United States Supreme Court landmark decision in which the Court held that the Congress has the power under the Commerce Clause of the Constitution to extend the Fair Labor Standards Act, which requires that employers provide minimum wage and overtime pay to their employees, to state and local governments. In this case, the Court overruled its previous decision in National League of Cities v. Usery, in which the Court had held that regulation of the activities of state and local governments "in areas of traditional governmental functions" would violate the Tenth Amendment to the United States Constitution.
Skidmore v. Swift & Co., 323 U.S. 134 (1944), is a United States Supreme Court decision holding that an administrative agency's interpretative rules deserve deference according to their persuasiveness. The court adopted a case-by-case test, which considers the rulings, interpretations, and opinions of the administrator. The Supreme Court reversed and remanded the case for further proceedings.
Christensen v. Harris County, 529 U.S. 576 (2000), is a Supreme Court of the United States case holding that a county's policy of requiring employees to schedule time off to avoid accruing time off was not prohibited by the Fair Labor Standards Act.
Tennessee Coal, Iron & Railroad Co. v. Muscoda Local No. 123, 321 U.S. 590 (1944), was an important decision of the United States Supreme Court with regard to the interpretation of the Fair Labor Standards Act (FLSA). This set a precedent for an expansive construction of the language of the FLSA.
Christopher v. SmithKline Beecham Corp., 567 U.S. 142 (2012), is a US labor law case of the United States Supreme Court. It held that pharmaceutical sales representatives were not eligible for overtime pay. The court ruled in a majority opinion written by Justice Samuel Alito that sales representatives were classified as "outside salesmen" who are exempt from the Department of Labor's regulations regarding overtime pay.
Michael P. Fleming was a Houston, Texas based attorney and elected official. Fleming was board certified in personal injury law by the Texas Board of Legal Specialization. Fleming was the managing partner of Fleming Law, P.C. Fleming was elected as county attorney in Harris County, Texas in 1996 and reelected the following term in 2000. Fleming was the lead attorney for Harris County before the Supreme Court of the United States in the case Christensen v. Harris County, a case that defined the limits of the Fair Labor and Standards Act and the authority of opinion letters issued by Department of Labor. Fleming came from a family with several generations of politicians. His grandfather was Harry Raymond Fleming and great-grandfather was George William Kyte. He and his widow Natalie, the elected judge of Harris County Criminal Court at Law Number 3, had six children.
Integrity Staffing Solutions, Inc. v. Busk, 574 U.S. 27 (2014), was a unanimous decision by the United States Supreme Court, ruling that time spent by workers waiting to undergo anti-employee theft security screenings is not "integral and indispensable" to their work, and thus not compensable under the Fair Labor Standards Act (FLSA). The Court delivered their ruling on December 9, 2014.
The Portal to Portal Act of 1947 was an Act of Congress on United States labor law, passed to limit the remedies available in the Fair Labor Standards Act of 1938 (FLSA). Along with the Taft-Hartley Act of 1947, which decreased the rights of employees and labor unions in the National Labor Relations Act of 1935, the Portal to Portal Act of 1947 was passed by a Republican Congress to limit rights in enforcing the minimum wage in the United States.
Tyson Foods, Inc. v. Bouaphakeo, 577 U.S. ___ (2016), was a United States Supreme Court case in which the Court affirmed the decision of the United States Court of Appeals for the Eighth Circuit, which held that representative evidence could be used to support the claims of the class. The case arose as a class action lawsuit against Tyson Foods. The Supreme Court affirmed the Eighth Circuit's judgment that the class satisfied the predominance requirement of the Federal Rules of Civil Procedure's Rule 23 and that the use of representative evidence was allowable in this case. It has been cited by lower courts and has spawned significant academic discussion.
Encino Motorcars v. Navarro, 579 U.S. ___ (2016), 584 U.S. ___ (2018), was a Supreme Court of the United States case addressing overtime pay. Specifically at issue is whether automotive service advisors are eligible for overtime pay under the Fair Labor Standards Act.
