US Federal Overtime Standards (FLSA)
The Fair Labor Standards Act (FLSA) establishes a federal overtime baseline for covered, nonexempt employees. State law may be more protective, and exemptions or industry-specific rules can change the calculation.
Reviewed by the Time Card Maker editorial team:
No daily overtime limit. You can work more than 8 hours in a day without earning overtime, provided the weekly total does not exceed 40 hours.
Overtime rule applies after 40 hours of work in a single 7-day workweek.
Federal law does NOT require double-time pay for any number of hours worked.
US Federal Overtime Standards (FLSA) in plain language
For the standard federal calculation, total compensable hours inside the employer’s fixed seven-day workweek. Covered, nonexempt employees generally receive at least one and one-half times the regular rate for hours above 40. Pay periods can contain multiple workweeks, but the weeks are tested separately.
Key terms for this calculation
- Workweek
- A fixed, regularly recurring 168-hour period. It can begin on any day and does not have to match the calendar week or payroll period.
- Regular rate
- The hourly basis used for overtime. It can include more than base wages, such as certain nondiscretionary bonuses and other compensation.
- Nonexempt employee
- An employee covered by the overtime requirement. A salary or job title alone does not establish an exemption.
US Federal Overtime Standards (FLSA): worked example
A covered employee earns $20 per hour and records 44 compensable hours in one workweek.
- 40 regular hours × $20 = $800
- 4 overtime hours × $30 = $120
- Estimated gross wages = $800 + $120
$920 before deductions, assuming $20 is the applicable regular rate.
Bonuses, commissions, multiple rates, exemptions, and industry-specific rules can change the regular-rate calculation.
How employees and employers can use this page
Employee time-card review
Reconcile a weekly time card with a pay stub by confirming the employer’s workweek, including all compensable work, and preserving original punches.
Employer payroll review
Before payroll closes, review missing punches, off-the-clock work, meal deductions, regular-rate inputs, and the separation of workweeks inside longer pay periods.
Common calculation and recordkeeping errors
- Averaging 46 hours in Week 1 with 34 in Week 2 and paying all 80 as straight time.
- Assuming every salaried employee is exempt.
- Omitting compensation that belongs in the regular rate.
Four-step overtime audit
- Identify the fixed workweek.
- Rebuild daily compensable hours.
- Separate workweeks before applying 40 hours.
- Verify coverage, exemptions, and regular-rate inputs.
Frequently Asked Questions
Is overtime mandatory?
Covered, nonexempt employees generally must receive at least 1.5 times the regular rate for hours worked over 40 in a workweek. Exemptions and special rules can apply.
Do weekends count as overtime?
No. Saturday and Sunday are treated as normal workdays unless working them pushes you over the 40-hour weekly limit.
Related calculators and guides
Calculate Your Paycheck
Use our free calculator to see exactly how these rules apply to your hours. It automatically handles overtime math for US Federal Overtime Standards (FLSA).
Go to Calculator