- According to the FHWA, the overtime pay is available to employees working an "excess of 8 hours in a day or 40 hours in a week that are officially ordered or approved." Overtime may be scheduled or irregularly scheduled, meaning it is approved when needed.
- The FHWA states that overtime should be scheduled and approved in advance. Overtime pay is not required for employees who work excess hours without permission. The Fair Labor Standards Act allows overtime pay for hours "suffered or permitted" to be performed, meaning any work considered a "principal activity." In the event of a "operational emergency," employers may approve overtime hours verbally.
- FHWA requires employers to pay for every minute of overtime work. Overtime is to be paid out at one and one-half times the typical hourly rate.
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