Employees are also nonexempt if they do not qualify for one of the several “white collar” exemptions (see the section on the FLSA for details).You may, however, require employees who are exempt under FLSA to work more than 40 hours in a workweek without having to give them premium pay for overtime hours.Calculating overtime for shiftworkers is essentially the same as it is for dayworkers, with two exceptions.One difference is that if you pay shiftworkers a shift differential, the differential must be used in calculating overtime.The other difference is that shiftworkers often work more hours of overtime than dayworkers.
For example: Salaried with a fixed week of fewer than 40 hours.
A few states, such as California, require employers to pay overtime for any hours in excess of eight per day unless the employer has a specific agreement (such as a union contract) to the contrary.
Other key legal issues include these points: Averaging hours.
The overtime rate is 11/2 times the rate per hour (weekly salary divided by the number of hours that the salary is intended to compensate) for all hours over 40 hours per week.
For example, if an employee is paid a weekly salary of 0 for a 35-hour week, the rate per hour is .
About 9 percent said their shiftworkers averaged 300 to 399 hours, 4 percent said 400 to 499, and 7 percent said 500 hours or more.