US Overtime and Night Shift Pay Rules
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay of at least 1.5 times their regular rate for all hours worked beyond 40 in a single workweek. This applies to most hourly workers in the US. Some states have additional overtime rules: California, for example, requires 1.5x for hours over 8 in a single day and 2x for hours over 12 in a single day.
Night shift differentials, however, are not required by federal law. They are typically set by employer policy, union contract, or industry norms. Common night shift premiums range from 5% to 15% extra per hour. When overtime and night shifts overlap, the employer must pay at least the FLSA overtime rate (1.5x) on top of the base hourly wage, but may include the night shift differential in the base rate for overtime calculation purposes.
Frequently Asked Questions
No federal law requires advance notice of overtime. However, some state and local laws or union contracts may require it. Employers cannot refuse to pay overtime retroactively for hours already worked.
No. Under FLSA, employees cannot waive their right to overtime pay. Any agreement to accept straight time for overtime hours violates federal law and is unenforceable.
Only non-exempt salaried employees. Salaried employees earning below $684/week (as of 2025) are generally entitled to overtime. Most salaried professional, executive, and administrative employees earning above the threshold are exempt.