FLSA Overtime Calculator
Calculate time-and-a-half overtime pay under the Fair Labor Standards Act. See regular pay, overtime pay, and your effective hourly rate.
Your regular (non-overtime) hourly pay rate
FLSA requires at least 1.5x. Some states or employers pay higher rates.
Enter your hourly rate and hours to calculate overtime pay
How Does FLSA Overtime Work?
The FLSA 40-hour overtime threshold
The Fair Labor Standards Act (FLSA) is the primary federal law governing overtime pay in the United States. Under the FLSA, non-exempt employees must receive overtime pay at a rate of not less than 1.5 times their regular rate of pay for all hours worked over 40 in a workweek. A workweek is defined as a fixed, regularly recurring period of 168 hours (seven consecutive 24-hour periods). It does not have to coincide with the calendar week and can begin on any day and at any hour. Each workweek stands alone -- employers cannot average hours across multiple weeks (except for hospital and nursing home employees under Section 7(j) of the FLSA). If an employee works 50 hours in one week and 30 in the next, overtime is owed for the first week even though the average is 40.
Exempt vs. non-exempt: who qualifies for overtime?
Not all employees are entitled to overtime under the FLSA. To be classified as "exempt" from overtime requirements, an employee must generally meet three tests: (1) be paid on a salary basis (not hourly), (2) earn at least $684 per week ($35,568 annually), and (3) perform exempt job duties falling under executive, administrative, professional, computer employee, or outside sales exemptions. The duties tests are specific -- for example, the executive exemption requires managing a department, directing two or more employees, and having authority over hiring and firing decisions. Simply having a job title like "manager" or "supervisor" does not automatically make someone exempt. Misclassification of employees as exempt is one of the most common FLSA violations and can result in significant back pay liability.
How the regular rate is calculated for overtime purposes
The "regular rate" for overtime purposes is not always the same as the employee's hourly wage. The regular rate includes the hourly wage plus most forms of additional compensation, including non-discretionary bonuses, shift differentials, commissions, and piece-rate payments. For example, if an employee earns $20/hour plus a $200 weekly production bonus, the regular rate for a 45-hour week would be ($20 x 45 + $200) / 45 = $24.44/hour, and overtime would be calculated at $24.44 x 1.5. Certain payments are excluded from the regular rate, including discretionary bonuses, gifts, vacation pay, expenses, and employer contributions to retirement plans.
State overtime laws may provide greater protection
Several states have overtime rules that go beyond the FLSA. California is the most notable, requiring daily overtime (1.5x after 8 hours in a day, 2x after 12 hours) in addition to weekly overtime (1.5x after 40 hours). Colorado requires overtime after 12 hours in a day or 40 hours in a week. Alaska requires overtime after 8 hours per day for employers with 4+ employees. Nevada requires overtime after 8 hours in a day if the employee is paid less than 1.5x minimum wage. When both federal and state overtime laws apply, the employee is entitled to whichever provides the greater benefit. Employers operating in multiple states must comply with each state's specific requirements.
Common overtime violations and enforcement
The Department of Labor's Wage and Hour Division (WHD) enforces the FLSA and recovers hundreds of millions in back wages each year. Common violations include: misclassifying employees as exempt when they do not meet all three tests, failing to pay for "off-the-clock" work (answering emails, setup time), improperly calculating the regular rate by excluding non-discretionary bonuses, using comp time instead of overtime pay in the private sector (which is generally not allowed), and averaging hours over multiple workweeks. Employers who violate overtime rules may owe back pay plus an equal amount in liquidated damages, effectively doubling the liability. Willful violations can result in criminal prosecution and fines up to $10,000.
FLSA Overtime FAQ
Explore Related Resources
Blog Posts
FLSA Overtime: A Complete Guide for Employers
Everything you need to know about FLSA overtime rules, exempt vs non-exempt classification, and common violations to avoid.
Read moreExempt vs Non-Exempt Employees Explained
Understanding the three-part test for FLSA exempt status and how to classify employees correctly.
Read moreFree HR Tools
Automate Overtime Tracking
Grove tracks employee hours, calculates overtime automatically, and helps you stay compliant with FLSA and state overtime rules.
30-day money-back guarantee. Cancel anytime.