FLSA Overtime Rules

Covered nonexempt employees generally must receive at least one and one-half times their regular rate for hours worked beyond 40 in a workweek. Federal law does not create daily overtime merely because a shift exceeds eight hours, and weekend or holiday work does not automatically trigger federal overtime.

An employee cannot waive overtime rights by agreement. Work that is required or permitted generally must be counted, including compensable work performed without advance approval.

A federal workweek is a fixed, regularly recurring period of seven consecutive 24-hour days. It does not have to match a calendar week, but the employer may not average hours from two or more workweeks to avoid overtime.

Hours worked can include time before or after a scheduled shift, short rest periods, some waiting or on-call time, and required meetings or training. Bona fide meal periods may be excluded when the worker is completely relieved of duties.

Most covered workers start with the FLSA's wage-and-hour protections unless a specific exemption applies. Common exemptions include qualifying executive, administrative, professional, outside-sales, and certain computer employees.

For many white-collar exemptions, both duties and compensation requirements must be satisfied. Job titles do not control. Because salary levels can change through litigation or rulemaking, check the Department of Labor's current salary-level page rather than relying on an old number.

Covered employers must keep accurate identifying, hours, and pay records for nonexempt employees. The records generally include daily and weekly hours, the regular hourly rate, straight-time earnings, overtime earnings, deductions, total wages, and the pay period.

The FLSA is a federal floor. States and localities may provide stronger overtime protections, including daily overtime, double time, broader coverage, or different exemption rules. An employer must comply with every law that applies.

Frequently asked questions

Does salary mean no overtime? No. A salary alone does not establish an exemption.

Can unauthorized overtime go unpaid? Generally no when the employer required, allowed, or knew or should have known about compensable work.

Can hours be averaged across two weeks? Generally no under the usual FLSA workweek rule.