Federal overtime rules (FLSA)
Under the federal Fair Labor Standards Act, overtime starts after 40 hours worked in a workweek. Each hour past 40 is paid at no less than one and a half times your regular rate, unless your job is exempt. The Department of Labor puts it simply: “the Act applies on a workweek basis.”
The rules
- Unless exempt, employees covered by the Fair Labor Standards Act must receive overtime pay for hours worked over 40 in a workweek, at a rate not less than time and one-half their regular rate of pay. [1]
- The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays or regular days of rest, unless overtime is worked on such days. [1]
- A workweek is a fixed and regularly recurring period of 168 hours: seven consecutive 24-hour periods. It need not match the calendar week and may begin on any day and at any hour of the day. [3]
- Each workweek stands alone. Hours can’t be averaged over two or more weeks: someone who works 30 hours one week and 50 the next is owed overtime for the second week, even though the two weeks average 40. [2]
- That holds however the employee is paid: daily, weekly, biweekly, monthly or on another basis. [2]
- When an employee works two or more different types of work at different non-overtime rates in one workweek, the regular rate for that week is the weighted average: total earnings for the week divided by total hours worked at all jobs. [4]
What the calculator doesn’t do here
- It doesn’t decide whether your job is exempt from overtime. Exemptions are set out in the law and depend on the job.
- It takes one hourly rate as your regular rate. It doesn’t work out a weighted-average rate for a week with two or more rates.
- It doesn’t check which employers and employees the FLSA covers.
Everything turns on the workweek: a fixed run of seven days that your employer sets, which doesn’t have to start on Sunday. Overtime is worked out for each workweek separately, so a long week isn’t cancelled out by a short one, even if both fall in the same paycheck.
The calculator below starts with the federal weekly rule: overtime after 40 hours a week at 1.5×. Type your shifts to see regular and overtime hours for each week; add your rate for an estimate of gross pay before tax.
Check your hours with these rules
Pay rules
Defaults follow the federal weekly rule (over 40 hours at 1.5×). Your state or contract may differ: set your own.
| Day | Start | End | Break | Hours | Actions |
|---|
Times are in .
| Regular | ||
| Overtime | ||
| Double time | ||
| Estimated gross pay |
Estimate of gross pay before tax and deductions.
Save as PDF from the print dialog. Your entries stay in this browser only.
Worked example: 40.5 hours: half an hour of overtime
$20.00/h · overtime over 40 h a week at 1.5×
| Day | Start | End | Breaks |
|---|---|---|---|
| Mon, Nov 2 | 07:00 | 17:00 | none |
| Tue, Nov 3 | 07:00 | 17:00 | none |
| Wed, Nov 4 | 07:00 | 17:00 | none |
| Thu, Nov 5 | 07:00 | 17:00 | none |
| Fri, Nov 6 | 09:00 | 09:30 | none |
40.50 hours (40:30): regular 40.00, overtime 0.50. Estimated gross $815.00: regular $800.00 + overtime $15.00.
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Questions
What is the FLSA overtime rule?
Covered, non-exempt employees get at least time and a half their regular rate for every hour worked over 40 in a workweek. That’s the Department of Labor’s summary of the Fair Labor Standards Act.
Do I have to work over 40 hours to get federal overtime?
For federal overtime, yes: it’s based on hours worked over 40 in the workweek. Some states also count overtime by the day; see the California page for one example.
Is overtime based on 40 hours or 80 hours in a two-week pay period?
On 40 hours in each workweek. The regulation says each workweek stands alone and hours can’t be averaged over two or more weeks, even when you’re paid every two weeks.
Does federal law require extra pay for weekends or holidays?
No. The Department of Labor says the FLSA doesn’t require overtime pay for Saturdays, Sundays, holidays or regular days of rest, unless the hours that day are overtime hours.
Can my workweek start on a day other than Sunday?
Yes. A workweek is any fixed, recurring 168-hour period. It can start on any day and at any hour, as long as it stays fixed.