Question 1

What is overtime pay?

Accepted Answer

Overtime pay is the additional compensation employers must pay to eligible employees who work more than the standard number of hours in a workweek. Under the federal Fair Labor Standards Act (FLSA), overtime is 1.5 times (time and a half) the employee's regular hourly rate for hours worked beyond 40 in a workweek.

Question 2

Who is eligible for overtime pay?

Accepted Answer

Most hourly (non-exempt) employees are eligible for overtime under the FLSA. Salaried employees may also qualify if they earn below the salary threshold ($35,568/year as of 2024) or do not meet the duties tests for executive, administrative, or professional exemptions. Independent contractors are not covered.

Question 3

How is the overtime rate calculated?

Accepted Answer

The standard overtime rate is 1.5× your regular hourly rate. For example, if you earn $20/hour, your overtime rate is $30/hour. Some states like California also require double time (2×) after certain daily thresholds.

Question 4

What is double time and when does it apply?

Accepted Answer

Double time means you are paid 2× your regular hourly rate. Currently, only California mandates double time: after 12 hours in a single workday, or for all hours on the 7th consecutive workday in a workweek. Other states follow the federal 1.5× rule only.

Question 5

Do overtime rules differ by state?

Accepted Answer

Yes. While most states follow the federal FLSA standard (overtime after 40 hours/week at 1.5×), some states have stricter rules. California, Alaska, Colorado, and Nevada have daily overtime thresholds. Kansas and Minnesota have non-standard weekly thresholds for certain employers.

Question 6

Can part-time workers earn overtime pay?

Accepted Answer

Yes. Overtime eligibility is based on hours worked, not employment status. If a part-time employee works more than 40 hours in a week (or exceeds the applicable state daily threshold), they are entitled to overtime pay at 1.5× their regular rate.

Question 7

Which states have daily overtime rules?

Accepted Answer

Four states have daily overtime rules: California (after 8 hours/day, with double time after 12 hours), Alaska (after 8 hours/day), Colorado (after 12 hours/day or 12 consecutive hours), and Nevada (after 8 hours/day, but only for employees earning less than 1.5× minimum wage).

Question 8

Does my state follow federal overtime rules?

Accepted Answer

Most states (46 out of 50) use the federal 40-hour weekly overtime threshold. Kansas state law sets 46 hours/week and Minnesota sets 48 hours/week for employers not covered by FLSA, though most employers still follow the federal 40-hour rule. Use our state-specific calculators to check your state's rules.

Question 9

What if my state has stricter overtime rules than federal?

Accepted Answer

When state and federal overtime laws differ, the law that provides the greater benefit to the employee applies. For example, a California worker who works 10 hours in a day but only 35 hours in the week still earns daily overtime under state law, even though they haven't hit the 40-hour federal threshold.

Question 10

Which state has the strictest overtime rules?

Accepted Answer

California has the most employee-friendly overtime rules in the country: daily overtime after 8 hours, double time after 12 hours, and special rules for the 7th consecutive day of work. California's exemption tests are also stricter than federal FLSA.

Question 11

Do any states not have overtime laws at all?

Accepted Answer

17 states (including Alabama, Arizona, Georgia, Louisiana, and others) have no state-specific overtime law. In these states, workers are protected solely by the federal FLSA, which requires 1.5× pay after 40 hours per workweek.

Question 12

How do I convert my salary to an hourly rate?

Accepted Answer

Divide your annual salary by 52 (weeks), then divide by 40 (hours). For example: $60,000 ÷ 52 ÷ 40 = $28.85/hour.

Question 13

Are bonuses included in overtime calculations?

Accepted Answer

Non-discretionary bonuses (earned by meeting targets) must be included in the regular rate for overtime calculation. Discretionary bonuses (holiday gifts) are typically excluded.

Question 14

Is overtime calculated on gross or net pay?

Accepted Answer

Overtime is calculated on gross (pre-tax) pay. Your total earnings including overtime are then subject to normal tax withholding.

Question 15

Can overtime be paid as comp time?

Accepted Answer

Private sector employers generally cannot substitute comp time for overtime pay. Public sector employers may offer comp time at 1.5 hours for each overtime hour.

Frequently Asked Questions

General Overtime Questions

State-Specific Overtime Rules

Overtime Calculation Methods

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