Answers to common questions about overtime pay
Under the federal Fair Labor Standards Act (FLSA), overtime pay starts after 40 hours worked in a workweek. Non-exempt employees must receive at least 1.5 times their regular rate for these extra hours. Some states like California also require daily overtime after 8 hours in a day.
Time and a half means 1.5 times your regular hourly rate. For example, if you earn $20/hour normally, your time and a half rate would be $30/hour. This is the minimum overtime rate required by federal law.
Double time means 2 times your regular hourly rate. If you earn $20/hour, double time would be $40/hour. Double time is not required by federal law but is mandated in California for hours over 12 in a day or over 8 on the 7th consecutive workday.
A workweek is any fixed, recurring period of 168 hours (7 consecutive 24-hour periods). It doesn't have to be Sunday through Saturday - your employer can define any 7-day period. Overtime is calculated fresh each workweek and cannot be averaged across multiple weeks.
Exempt employees are not entitled to overtime pay under FLSA. To be exempt, an employee generally must be paid on a salary basis of at least $684/week ($35,568/year) and perform specific executive, administrative, professional, or outside sales duties.
Being salaried alone doesn't make you exempt. You must meet both the salary test ($684/week minimum) AND the duties test for your exemption category. Common exempt categories include executives who manage others, administrative employees who exercise independent judgment on significant matters, and learned professionals.
No. Simply paying an employee a salary does not exempt them from overtime. The employee must meet both the salary threshold AND the duties test for an exemption. Many salaried employees are still entitled to overtime.
No. Federal law does not require private employers to pay extra for holidays, weekends, or nights. Holiday premium pay (like time and a half or double time) is a benefit offered by employers, not a legal requirement. Check your employee handbook or union contract for your employer's policy.
Not automatically. Under federal law, overtime is only required for hours over 40 in a workweek, regardless of which days you work. Working on a Saturday or Sunday only triggers overtime if it pushes you over 40 hours for the week.
Federal holidays are days when federal government offices close. Private employers are not required to give time off or pay extra for federal holidays. Many do as a benefit, but it's not mandated by law.
Yes. California requires overtime (1.5x) after 8 hours in a day AND double time (2x) after 12 hours in a day. California also has a 7th consecutive day rule: if you work 7 days in a row, the 7th day earns 1.5x for the first 8 hours and 2x after that.
California, Alaska, Nevada, and Colorado have some form of daily overtime. California requires overtime after 8 hours. Alaska requires overtime after 8 hours. Nevada requires overtime after 8 hours for employees earning less than 1.5x minimum wage. Colorado requires overtime after 12 hours.
You follow whichever law provides greater protection. If your state has stricter overtime rules (like California's daily overtime), you're entitled to those. If your state has no overtime law or weaker rules, federal FLSA applies.
For federal overtime: (Hours over 40) × (Hourly rate × 1.5). For California, you also need to calculate daily overtime: hours 8-12 at 1.5x and hours over 12 at 2x. Use our calculator to handle complex scenarios.
Hours worked includes all time you're required to be on duty, on the employer's premises, or at a prescribed workplace. This typically includes short breaks, required training, and certain travel time. It generally excludes meal periods (if truly off duty) and commuting.
Private employers generally cannot offer compensatory time off ("comp time") instead of overtime pay. This is only allowed for government employees under specific conditions. Private sector workers must receive overtime pay.
You can file a complaint with the U.S. Department of Labor Wage and Hour Division or your state labor department. Keep records of your hours worked. You may be entitled to back pay, liquidated damages, and attorney's fees.
Under federal law, you generally have 2 years to file a claim, or 3 years if the violation was willful. State laws may have different timeframes. Don't wait too long to address unpaid overtime.
It's illegal for employers to retaliate against employees for asserting their right to overtime pay. This includes filing complaints, testifying, or even asking questions about overtime. Retaliation can lead to additional legal claims.
Disclaimer: This FAQ is for general informational purposes only and should not be considered legal advice. Overtime laws are complex and may have exceptions. For specific situations, consult with an employment attorney or your state labor department.