Which of the following is true about the overtime provisions of the FLSA?

• A. They only apply to federal employees
• B. They apply to state and local government employers
• C. They do not exist
• D. They are voluntary for employers

Answer: (B)

Overtime under the FLSA is a requirement that applies to workers who are nonexempt and work more than 40 hours in a workweek, and it covers both private employers and many public sector employers. The key point here is that state and local government employers are included, so employees in those governments are typically entitled to overtime pay at 1.5 times their regular rate for hours beyond 40. It’s not a voluntary benefit, and it isn’t limited to federal employees; federal employees have their own related rules, but the FLSA overtime provisions clearly extend to state and local governments as part of providing minimum wage and overtime protections across much of the workforce. There are exemptions for certain categories of workers, but the general rule is that state and local government employers must pay overtime to nonexempt employees.