Federal
Overtime Basics: FLSA Explained
A plain-English guide to who qualifies for overtime and how federal overtime pay works.
Key points
- Federal FLSA overtime generally starts after 40 hours in a workweek.
- Overtime is usually paid at 1.5 times the regular hourly rate.
- State rules may provide stronger protection than federal law.
Frequently asked questions
Who is eligible for FLSA overtime?
Most hourly, non-exempt employees are eligible for overtime after 40 hours in a workweek. Exempt employees — typically certain salaried executive, administrative, and professional roles paid above the salary threshold — are not.
Is federal overtime based on the day or the week?
Federal FLSA counts hours by the workweek (over 40 hours), not by the day. Some states add daily overtime on top of the federal weekly rule.
Official sources