Our team of experts fields real-life, everyday questions from HR managers and gives practical answers that can be applied by any HR pro in the same situation. Today’s question: How do I know if my state has laws governing overtime pay that are different from federal laws?
We generally understand the new FLSA regs governing who’s eligible for overtime and who isn’t. But how do we know if our state has a set of laws different from – and maybe more strict than – the federal FLSA regs?
Courtesy of employment-law attorney Michael Faillace, here’s a list of states that follow only the federal Fair Labor Standards Act:
- District of Columbia
- New Hampshire
- New Mexico
- New York
- North Carolina
- Rhode Island
- South Carolina
- South Dakota
If you’re not on that list, check with your state Department of Labor to get the special statewide regulations governing eligibility for overtime. Note: Although state regs may differ from federal regs, the state cannot issue rules that lessen the benefits for employees.