Overtime Basics: The Federal Rules
Time and a half after 40 hours
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive 1.5× their regular rate for all hours worked over 40 in a workweek.
Workweek is 7 consecutive days
A workweek is any fixed, recurring 168-hour period. Employers define when their workweek starts — it doesn't have to be Sunday.
Each workweek stands alone
Overtime is calculated per workweek, not averaged across pay periods. Working 30 hours one week and 50 the next means 10 hours of OT.
Non-exempt employees only
Overtime applies to 'non-exempt' employees. Exempt employees (typically salaried professionals, managers) don't receive overtime under federal law.
The Basic Overtime Formula
- 1. Regular pay = Regular hours (up to 40) × Hourly rate
- 2. OT pay = OT hours (over 40) × Hourly rate × 1.5
- 3. Gross pay = Regular pay + OT pay
40 regular hours × $20/hr = $800 | 8 OT hours × $20 × 1.5 = $240 | Total: $1,040