As a business owner, you will often encounter times when you need an employee to work extra hours. This might be because of staffing issues, increased workloads, or upcoming deadlines. When this happens, it’s important to be mindful of the employee working hours limit and, when required, pay your employees overtime if they exceed this limit.
So, what is the working hours limit? How many hours can an employee legally work?
In today’s post, we are going to share everything you need to know about US working hours limits to help you establish practices in your business that comply with all legal requirements and help you nurture a happy and productive workforce.
Federal Working Hours Limit
The Fair Labor Standards Act (FLSA) establishes a number of employment rights and obligations in the US. This includes working hours limits, overtime pay, and time-tracking requirements. The act applies to all private sector employees and those working in Federal, state, and local governments. Failing to comply with any aspect of the FLSA can result in penalties, litigation, and reputational damage.
In terms of the working hours, the FSLA does not establish a working hours limit for adult employees. Instead, it focuses on overtime, making sure that non-exempt employees who work more than 40 hours in a week receive overtime pay at a rate of time and a half. However, employees under the age of 16 cannot work more than 3 hours on a school day or 18 hours in a school week. Outside of term time, they can work a maximum of 8 hours per day and 40 hours per week.
Finally, certain industries also have their own rules on how many hours employees can legally work, primarily to ensure employee health and safety. For example, the transportation industry, regulated by the U.S. Department of Transportation, establishes maximum driving hours and minimum rest periods for truck and bus drivers to prevent fatigue. More on this later in the post.
Health & Safety (OSHA)
There’s another important federal legislation in the U.S. that you need to be aware of when it comes to working hours, and that’s OSHA.
The Occupational Safety and Health Administration (OSHA) is a U.S. government agency that strives to ensure safe and healthy working conditions by setting and enforcing certain standards, as well as offering training, outreach, education and assistance.
OSHA does not specifically regulate the working hours limit. Instead, OSHA focuses on the conditions under which work employees work (rather than how long they work). These regulations are designed to prevent workplace injuries and illnesses through standards relating to hazardous material handling, machine safety, and workplace ergonomics.
However, OSHA does address issues related to working hours indirectly through regulations and guidelines that impact work schedules and rest periods, particularly in industries where long hours are common. For example, OSHA provides guidelines on extended or unusual work shifts, recognizing that excessively long working hours can lead to increased accidents and injuries..
State-Specific Working Hours Laws
Aside from the federal regulations that we have seen above, many states have their own rules for the working hours limit that often exceed the overtime pay requirements of the Fair Labor Standards Act (FLSA). These states often provide greater employee protections for working hours, overtime and breaks. As a result, it’s crucial that you find out if there is a specific working hours limit in your state before you define your internal working hours and overtime policies to ensure compliance.
Let’s explore some of the most notable state-specific working hours limits found in different states in the U.S.
California
According to the California Department of Industrial Relations, if employees exceed the 40 per week working hours limit (8 hours per day), employers must offer overtime pay for all extra hours. However, unlike the federal standard which enforces overtime at a rate of time and a half, if an employee in California works more than 12 hours in a day, they must receive double time for any extra hours. This makes California’s working hours limit and overtime rules more stringent than federal regulations.
Minnesota
Minnesota requires overtime for hours worked beyond 48 a week, which is more lenient compared to the FLSA standard of 40 hours. In addition, the Minnesota Fair Labor Standards Act states that any hours exceeding this working hours limit must be paid at one-and-one-half times an employee’s regular rate of pay.
Kentucky
Kentucky caps its working hours limit at 40 per week, in line with federal law. However, Kentucky’s wage and hour laws also include requirements for meal breaks and rest periods.
Specifically:
- Meal breaks. Firstly, employees are entitled to a reasonable meal period, typically a minimum of 30 minutes, after working more than five consecutive hours. This break is unpaid unless the employee is required to perform duties during this time.
- Rest breaks. Secondly, for every four hours of work, employees should receive a paid rest break of at least 10 minutes. This ensures workers have time to recuperate, leading to increased productivity and job satisfaction.
Nevada
According to Nevada state laws, an employee’s regular working hours cannot exceed more than 8 hours per day or 40 hours weekly. Any work that an employee does above this working hours limit must be paid at an overtime rate of 1.5 times the minimum wage (as opposed to 1.5 times an employee’s regular hourly rate).
Washington State
Washington State has specific guidelines for the working hours limit, including specific exemptions and calculations for overtime pay.
These working hours limit and overtime pay requirements include the following:
- Overtime pay. Firstly, employment laws in Washington State require employers to pay “time and a half” or 1.5 times an employee’s regular rate, if they work more than 40 hours in a single workweek.
- Overtime eligibility. Nearly all workers, regardless of full-time, part-time, or temporary status, fall under the umbrella of these overtime protections.
- Daily overtime: Unlike some states, Washington does not generally require daily overtime pay except in certain industries or under specific collective bargaining agreements where daily overtime is stipulated.
- Public works projects. Other overtime rates, like double-time pay, are not required under Washington state law, with the exception of certain public works projects.
- Exemptions. Certain employees are exempt from overtime pay in Washington State, including those in executive, administrative, professional, outside sales, and computer professional roles. This is in line with the Federal Fair Labor Standards Act (FLSA).
- Employee right to waive. Employees cannot waive their right to overtime pay.
What About Employees Working in Different Industries?
The working hours limit can also vary across industries. This is because certain industries have unique demands and safety concerns that impact how many hours an employee can safely work.
For example, there are strict limits on continuous work shifts in the healthcare industry, particularly for doctors and nurses. These industry-specific standards are designed to prevent fatigue, which can compromise both caregiver and patient safety. Most notably, medical residents in the U.S. are restricted to an 80-hour weekly limit. This limit is averaged over four weeks, with no single shift exceeding 24 hours.
There are similar work hours limits in the transportation sector, also due to the high risks associated with fatigue. In the case of truck drivers, the Federal Motor Carrier Safety Administration (FMCSA) sets specific Hours of Service (HOS) regulations. These limit drivers to a maximum of 11 hours per shift after 10 consecutive hours off duty. Similarly, airline pilots are regulated by the Federal Aviation Administration (FAA), which establishes rules such as a maximum of 9 hours of flight time for pilots during a 24-hour period.
Check the rules in your industry to make sure your shift patterns comply with any specific requirements.
The Rules for Overtime Pay
Sometimes, companies need their employees to work extra hours. This might be when the workload is high or if the organization is experiencing staffing shortages. Overtime can also help employers meet project deadlines or address urgent operational needs. Ultimately, it can help your business manage workload fluctuations and avoid potential disruptions.
However, if the hours that an employee works exceed 40 hours in a week, then you have to offer them overtime pay for their time. This is in line with the requirements of the Fair Labor Standards Act (FLSA), which establishes overtime pay, minimum wage, and child labor standards for full and part-time workers in the private sector and in Federal, State and local governments. What’s more, according to the FSLA, you must offer non-exempt employees payment at a rate of time and a half. This includes all earnings, such as hourly wages, salary, certain bonuses, and commissions, divided by the total hours worked in the overtime workweek.
Another important point that you need to be aware of is the recent update to the FLSA which has changed the rules a bit in terms of who is eligible for overtime pay if they exceed the working hours limit of 40. Starting July 1, all salaried workers earning less than $43,888 a year will be legally qualified for 1.5 times their pay if they work more than 40 hours per week. This new rule will force employers across the US to review how they pay their employees and their company time-tracking policies and procedures.
Exceptions and Exemptions to Working Hours Limit
What about exceptions? Do all employees have to stick to the working hours limit, or are there any exemptions under the Fair Labor Standards Act (FLSA) in terms of working hours and overtime pay?
Yes, there are!
Specifically, the following categories of employees are exempt from FSLA overtime and minimum hours regulations:
- Executive, administrative and professional roles. Commonly referred to as “white-collar” exemptions. Employees who perform executive, administrative and professional roles and who you pay a salary above the threshold we mentioned earlier in the post ($43,888 a year) are exempt from both minimum wage and overtime pay requirements.
- Computer-based roles. Computer systems analysts, computer programmers, software engineers, and other similarly skilled workers in this field are exempt, provided their pay meets or exceeds the established threshold.
- External sales roles. Finally, employees working in sales who spend most of their time on the road are exempt from overtime pay.
Working Hours Limit: Recordkeeping Requirements
Although FLSA wage and hour laws do not specify how data should be collected and managed and whether employers must use a time and attendance app, the federal law on timesheets does state that it is mandatory to keep a record of employee working hours for hourly, non-exempt employees as well as exempt and non-exempt salaried employees. This includes hours worked per day, clocking in and out times, breaks, overtime, wages paid, and other conditions of employment.
Timesheet templates and spreadsheets have been the standard solution for tracking employee hours for many years. However, while they can be helpful in certain situations, there are some common problems associated with them. This includes manual data entry errors; time-consuming updates; vulnerability to time theft; lack of real-time data; and difficulties in tracking overtime and compliance with labor laws.
As a result of all these limitations, many organizations are now seeking alternatives to traditional timesheets. Examples include time-tracking software, biometric time clocks with facial clocking, time card apps, and remote employee time-tracking solutions, all of which provide significant advantages.
For one thing, timesheet alternatives like these improve accuracy through the precise recording of work hours and breaks. They also enhance efficiency by streamlining the time-tracking process, reducing administrative tasks, and enabling employees to address time management challenges and focus on more productive activities. All this helps you maintain accurate records for your entire workforce so that you can be sure that employees are not exceeding the federal or state working hours limit and receiving overtime pay when entitled.
Best Practices for Monitoring and Managing the Working Hours Limit
And that pretty much covers everything you need to know about the U.S. working hours limit. All you need to do now is make sure that your business complies with federal and state working hours and overtime pay requirements. Most importantly, make sure that you are accurately tracking and recording the hours that each of your employees work, including breaks and any overtime.
Here are a few best practices to help you with this:
- Use an automated time-tracking system. This is the best solution for tracking and recording working hours as employees can easily clock in and out during each shift. That way, you have an accurate record of hours worked, including start time, end time, breaks and any overtime. Plus, by automating the process, you reduce the risk of errors and you can easily access real-time attendance data when needed (this is particularly useful for managing payroll).
- Clearly communicate your work hours policy. Design a clear and concise work hours policy and include it in your employee handbook so that your workforce can easily access it when needed. That way, everyone in your organization understands your working hours and overtime standards as well as the procedures that you use to track employee work schedules.
- Establish and enforce an overtime approval process. This will help you manage labor costs and prevent any unauthorized overtime.
- Maintain accurate and organized records. Keep detailed records of all hours worked, overtime, and leave for each employee. This is crucial for audits and legal compliance.
- Use mobile and remote access systems. Finally, if some of your employees work remotely or out on the field then you should invest in a remote access time-tracking solution. That way, you can keep track of working hours regardless of where an employee is located.
Comply with the Working Hours Limit with Factorial’s Time-Tracking Software
Factorial’s cloud-based Factorial’s time-tracking software allows you to automate and streamline your company’s time & attendance procedures. For instance, your employees can use our simple and intuitive time-tracking app to clock in and out straight from their phones (even if they work remotely). You can also review overtime hours for each employee at the click of a button. Plus, you can extract reports so you can keep better track of employee hours and control labor costs. Then at the end of the month, your managers can review and approve their team’s timesheets before you process payroll. Simple!
Ultimately, by using Factorial’s time-tracking software in combination with our employee record management software, you can easily comply with the working hours limit in your state as well as federal overtime pay regulations and recordkeeping requirements. That way, you can ensure that you fairly compensate your employees, reduce the risk of legal non-compliance, and maintain a well-organized and efficient workforce.
