Not necessarily. The word overtime has a technical and restricted definition in the
FLSA. FLSA requirements typically apply only when hours worked exceed the
applicable FLSA overtime threshold in a workweek or work period. FLSA overtime is
due only for hours worked over the FLSA threshold, even if “contract overtime” may
provide employees with overtime on some other formula (such as hours worked over 8
per day). Until and unless the FLSA overtime thresholds are met and exceeded, the
FLSA rules for regular rates or overtime rates are generally inapplicable (assuming no
minimum wage violations). If a labor-management contract or practice calls for overtime
to be paid for hours worked below the FLSA threshold, neither the FLSA regular rate
nor overtime rate requirements necessarily apply. Until and unless the FLSA overtime
threshold is met and exceeded, an employee’s wage rate can be different from the
FLSA-mandated rate without violating the FLSA.
