Understanding FLSA Overtime Rules: A Complete Guide (2026)

Navigating the world of overtime pay can be confusing for both employers and employees. At the heart of most United States overtime regulations is the Fair Labor Standards Act (FLSA). This federal law establishes the baseline for minimum wage, overtime pay, recordkeeping, and youth employment standards.

In this guide, we’ll break down exactly how federal overtime works, who is eligible, and how to calculate it correctly.

The 40-Hour Standard

The most fundamental rule of the FLSA is the 40-hour workweek.

According to federal law, covered nonexempt employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than one and one-half times their regular rate of pay.

Rate Calculation

$$ \text{Overtime Pay} = \text{Regular Rate} \times 1.5 \times \text{Overtime Hours} $$

For example, if you earn $20/hour and work 45 hours in a week:

1. Regular Pay: 40 hours x $20 = $800
2. Overtime Pay: 5 hours x ($20 x 1.5) = $150
3. Total Pay: $950

What Counts as a “Workweek”?

A workweek is a fixed and regularly recurring period of 168 hours (seven consecutive 24-hour periods).

• It represents the standard timeframe for calculating overtime.
• It does not have to align with the calendar week (e.g., could be Wednesday to Tuesday).
• Averaging hours over two weeks is generally not allowed for standard employees.

Note: Different workweeks can be established for different employees or groups of employees.

Common Misconceptions

1. “Double Time” is Federal Law

False. The FLSA does not require double-time pay for work on weekends, holidays, or regular days of rest. Double time is a matter of agreement between an employer and an employee (or union), or required by state laws like California (see our California Rules page).

2. Salaried Employees Don’t Get Overtime

False. Being paid a salary does not automatically make you exempt from overtime. To be exempt, you generally must meet specific duty tests regarding your job responsibilities (Executive, Administrative, Professional) and be paid above a specific salary threshold.

3. Unauthorized Overtime Isn’t Payable

False. If an employee works overtime, even if it wasn’t authorized, it must be paid. An employer can discipline an employee for working unauthorized hours, but they cannot withhold pay for hours actually worked.

Keeping Accurate Records

The FLSA requires employers to keep records on wages, hours, and other items. Most of this information is of the kind generally maintained in ordinary business practice.

Accurate timekeeping is crucial. That’s why we built the Time Card Calculator—to help freelancers and small businesses generate precise, printable records of weekly hours to ensure every minute is accounted for.

State vs. Federal Law

Many states have enacted laws that provide greater protections than the FLSA.

• Higher Minimum Wage: If a state minimum wage is higher, the higher rate applies.
• Daily Overtime: States like Alaska, California, and Nevada require overtime for hours worked over 8 in a day.

When federal and state laws differ, the rule that provides the most protection to the employee always applies.