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?
Question:
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?
Answer
Courtesy of employment-law attorney Michael Faillace, here’s a list of states that follow only the federal Fair Labor Standards Act:
- Alabama
- Arizona
- Delaware
- District of Columbia
- Florida
- Georgia
- Idaho
- Indiana
- Iowa
- Kansas
- Lousiana
- Maine
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Nebraska
- Nevada
- New Hampshire
- New Mexico
- New York
- North Carolina
- Ohio
- Oklahoma
- Rhode Island
- South Carolina
- South Dakota
- Texas
- Utah
- Vermont
- Virginia
- Wyoming
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.