Kirsten worked 44 hours this week, but her employer told her that she is not entitled to overtime because the previous week she was out sick one day, so she only worked 32 hours. Since she had to stay late to catch up, the employer is not responsible for the overtime. Which of these determines whether Kirsten's employer is correct or not?

Question

• the Fair Labor Standards Act
• the state's minimum wage law
• the regulations of Kirsten's industry
• the contract created by Kristen's union

Answer 1

The Fair Labor Standards Act determines whether Kirsten's employer is correct or not regarding overtime pay. This federal law establishes rules for minimum wage, overtime pay, recordkeeping, and youth employment in both the private and public sectors. Under the FLSA, non-exempt employees are entitled to overtime pay for hours worked over 40 in a workweek, regardless of any previous absences or circumstances. If Kirsten is classified as a non-exempt employee under the FLSA, she should be entitled to overtime pay for the hours worked beyond 40 in a single workweek, regardless of her previous week's schedule.