What Are My Overtime Rights?

The Fair Labor Standards Act (FLSA) requires employers to pay overtime to eligible employees at a rate of one and a half times the regular hourly rate for hours worked over 40 in a workweek.

Who is covered. Most hourly workers and many salaried workers are entitled to overtime. The key question is whether you are "exempt" or "non-exempt."

Exempt employees are NOT entitled to overtime if they meet all of these criteria:

Paid on a salary basis (not hourly)

Earn above the salary threshold ($684 per week / $35,568 per year under current federal rules)

Perform exempt job duties (executive, administrative, professional, computer professional, or outside sales)

Common overtime myths:

Being salaried does NOT automatically make you exempt.

Having a job title like "manager" does NOT automatically make you exempt.

Your employer cannot waive overtime through an agreement.

Overtime cannot be offset by giving comp time in a future week (in the private sector).

State variations. Some states provide additional protections:

California requires overtime after 8 hours in a single day and double time after 12 hours.

Some states have lower salary thresholds for exemptions.

Calculating overtime. Your regular rate includes base pay plus certain bonuses, commissions, and shift differentials. Overtime is calculated per workweek, not per pay period.

Remedies. If your employer failed to pay overtime, you may recover unpaid overtime, liquidated damages (double the amount), and attorney's fees.

This is legal information, not legal advice.