The Fair Labor Standards Act (FLSA) requires that most employees in the United States receive overtime pay at a rate of 1.5 times their regular hourly rate for all hours worked beyond 40 in a single workweek. This rule has been federal law since 1938, yet a meaningful number of workers are either misclassified to avoid it, miscalculated when they receive it, or unaware that they qualify for it at all.
Who Qualifies for Overtime (Non-Exempt Employees)
Under the FLSA, employees are either exempt or non-exempt from overtime requirements. Non-exempt employees must receive overtime pay. Most hourly workers — retail, food service, construction, healthcare support, manufacturing, and warehouse workers — are non-exempt by default. The FLSA does not care whether you are salaried or hourly; what matters is whether you meet the criteria for an exemption.
The Exemption Test: Who Does NOT Get Overtime
To be exempt from FLSA overtime, an employee must generally meet ALL of the following criteria:
- Salary basis: paid a fixed salary that is not reduced based on hours worked.
- Salary level: generally earn at least $684 per week ($35,568 per year) under the federal threshold described in the linked Department of Labor guidance. Check for legal changes and higher state thresholds.
- Duties test: primarily perform executive, administrative, or professional duties as defined by the Department of Labor.
Failing any one of these three tests means the employee is non-exempt and entitled to overtime. A manager earning $34,000/year is non-exempt because they fall below the salary threshold, regardless of their managerial duties. A salaried worker whose pay is docked for partial-day absences may lose exempt status because they are not paid on a true 'salary basis.' These nuances are where many employers inadvertently — or deliberately — misclassify workers.
Important: some states set higher salary thresholds than the federal minimum. California, New York, Washington, Colorado, and others require higher salaries for the exemption to apply. If your state's threshold is higher than $684/week, the state rule governs.
How Overtime Is Calculated for Hourly Workers
For a straightforward hourly worker, the calculation is simple. Regular rate = hourly wage. Overtime rate = regular rate × 1.5. If you earn $20/hour and work 48 hours in a week, you receive 40 hours × $20 = $800 in regular pay, plus 8 hours × $30 = $240 in overtime pay. Total gross pay: $1,040.
How Overtime Is Calculated for Employees With Variable Pay
The FLSA's 'regular rate' calculation becomes more complex when workers receive additional compensation beyond a base hourly wage. Non-discretionary bonuses, production bonuses, and shift differentials must be included in the regular rate before overtime is calculated.
Example: An employee earns $18/hour and receives a $200 production bonus during a week where they worked 50 hours. Total straight-time earnings: (50 × $18) + $200 = $1,100. Regular rate: $1,100 ÷ 50 hours = $22/hour. Overtime premium owed: 10 overtime hours × ($22 × 0.5) = $110. Total pay: $1,100 + $110 = $1,210. Many employers calculate overtime only on the base hourly rate and exclude the bonus — this is a common wage violation.
The Workweek Definition
Overtime is calculated on a per-workweek basis, not per pay period. A workweek is any fixed, regularly recurring 168-hour period (7 consecutive 24-hour days). Employers set the workweek start day, and it need not coincide with the calendar week. Critically, hours cannot be averaged across workweeks. If you work 50 hours in week one and 30 hours in week two, you are owed overtime for 10 hours in week one — the 30-hour week does not offset it.
State Overtime Laws That Go Further
Some states impose overtime rules beyond the federal floor:
- California: overtime is owed after 8 hours in a single day (not just after 40 hours in a week). Double time is required after 12 hours in a day or after 8 hours on the 7th consecutive day of a workweek.
- Alaska: overtime after 8 hours in a day or 40 hours in a week.
- Nevada: overtime after 8 hours per day for employees earning less than 1.5× the minimum wage.
What to Do If You Believe You Are Owed Overtime
If you believe your employer has failed to pay overtime you are owed, you have several options. You can file a wage complaint with the U.S. Department of Labor's Wage and Hour Division (WHD), which investigates violations at no cost to you. You can also file a private lawsuit — and under the FLSA, if your employer is found to have willfully underpaid you, they may owe you double the unpaid amount plus attorney's fees. The statute of limitations is 2 years for unintentional violations and 3 years for willful violations.
Calculate Your Overtime Pay
Our Overtime Pay Calculator computes your gross pay for any week — entering your base hourly rate, regular hours, overtime hours, and any additional bonuses — and shows you the correct total including the FLSA-compliant overtime premium. Use it to verify your paycheck before issues compound.