In the US, most hourly (non-exempt) employees are entitled to 1.5× their regular rate for every hour worked beyond 40 in a workweek under the Fair Labor Standards Act (FLSA). Some states — California and Alaska among them — require OT after 8 hours in a single day.
Standard overtime (1.5×)
If your regular rate is $20/hour, your overtime rate is $30/hour for hours 41+ in a workweek. Working 50 hours in a week: 40 regular hours at $20 = $800, plus 10 OT hours at $30 = $300 = $1,100 total. Without OT, 50 hours at $20 would be $1,000 — so OT rules added $100 that week.
Double time (2×)
Double time (2× the regular rate) is not required federally in the US, but California mandates it for hours over 12 in a day, and many union contracts include it for holidays or Sundays. At $20/hour base, double time = $40/hour.
Are you exempt from overtime?
Salaried employees earning over the FLSA threshold ($684/week as of 2024) in executive, professional, or administrative roles are typically exempt — meaning no overtime pay regardless of hours worked. If you're salaried below that threshold, you may still qualify for OT.
Blended rate for piece-rate or tip workers
If you earn tips, commissions, or piece-rate pay alongside a base rate, overtime is calculated on the 'regular rate' — which must include all such earnings in the calculation, not just the base hourly rate. This is a common area where employers underpay overtime.
Frequently Asked Questions
Is overtime triggered by the day or the week?
Under the federal FLSA, overtime is based on a 7-day workweek — any hours beyond 40 in a single workweek trigger 1.5× pay. However, California requires overtime after 8 hours in a single workday and double time after 12 hours in a day. Some other states also have daily overtime rules. Always check your state's labor laws if you regularly work long individual shifts.
Can my employer offer comp time instead of overtime pay?
Only in the public sector. Private-sector employers covered by the FLSA must pay overtime in cash — not accumulated paid time off. Some employers offer compensatory time informally, but if you are a non-exempt employee, substituting comp time for owed overtime may be a wage violation. You have the right to receive the cash premium you are legally entitled to.
What can I do if my employer is not paying my overtime?
Keep detailed records of hours worked. If you believe you are being denied overtime pay you're entitled to, you can file a complaint with the US Department of Labor's Wage and Hour Division at dol.gov. You may be entitled to back wages for up to 2–3 years of unpaid overtime, plus an equal amount in liquidated damages — essentially doubling the recovery.
Calculate your exact overtime pay
Use our Overtime Pay Calculator to enter your regular hours, overtime hours, double-time hours, and base rate — and get a complete weekly and annualised pay breakdown.