Non-Exempt Employee Labor Hour Flexibility in Contract Administration Posted May 28 · Report reply 1 hour ago, C Culham said: Nope....40 hours in a week has been met. Remember it is a FLSA thing. I am not an expert at this, but have dealt with contracts in many different States before. It is my understanding that if a State has laws that have overtime laws that differ from the FLSA, then the State laws also apply. For example, in California any work over 8 hours a day is considered overtime. See here: https://www.dol.gov/general/topic/workhours/overtime "Some states have overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay)."