Understanding your rights to overtime pay is essential for ensuring you are fairly compensated for your work. The Fair Labor Standards Act (FLSA) is the primary federal law governing overtime pay in the United States.
Federal Overtime Rules
Under the FLSA, non-exempt employees must receive overtime pay at 1.5 times their regular rate for all hours worked beyond 40 in a single workweek.
Who Is Eligible for Overtime?
Most employees are entitled to overtime unless they fall into one of the “exempt” categories:
- Executive, administrative, and professional employees earning above a certain salary threshold
- Outside sales employees
- Certain computer professionals
- Some highly compensated employees
Common Overtime Violations
- Misclassifying employees as “exempt” when they should be “non-exempt”
- Requiring off-the-clock work (before/after shifts, during lunch)
- Not paying overtime for remote or after-hours work
- Averaging hours across two weeks to avoid overtime
- Paying straight time instead of time-and-a-half for overtime hours
What to Do If You Are Not Getting Overtime Pay
- Keep detailed records of all hours worked
- Review your employment classification (exempt vs. non-exempt)
- Speak with your employer or HR department
- File a complaint with the Department of Labor’s Wage and Hour Division
- Consult an employment attorney — you may be entitled to back pay and damages
State Overtime Laws
Some states have additional overtime protections that go beyond federal law:
- California: Overtime for hours over 8 in a day or 40 in a week; double time for hours over 12
- New York: Daily overtime for certain industries
- Colorado: Overtime for hours over 12 in a day or 40 in a week
Overtime laws vary by state and industry. Consult an employment attorney for advice specific to your situation.