How to use the FLSA overtime threshold calculator
Many employers would like to average a busy week against a slow one and pay no overtime. Federal law does not allow that for most workers. This tool shows the overtime threshold that actually applies to a work period and what the premium comes to.
Legal basis — The FLSA requires one and one half times the regular rate for hours over 40 in a workweek (29 U.S.C. 207(a)(1)), and the regulations state plainly that each workweek stands alone and hours may not be averaged over two or more weeks (29 C.F.R. 778.104). There is no general flexible-hours or annualized-hours exemption in United States law, unlike the Korean flexible working hour system. The narrow exceptions are statutory: hospitals and residential care establishments may agree to a 14-day period with overtime after 8 hours in a day or 80 in the period (29 U.S.C. 207(j)), and public agencies employing law enforcement or fire protection personnel may use work periods of 7 to 28 days with thresholds set by regulation, commonly 171 and 212 hours over 28 days (29 U.S.C. 207(k), 29 C.F.R. 553.230). Figures current as of September 2026.
State law can be stricter. California, Alaska, Nevada and Colorado add daily overtime, and some states regulate alternative workweek schedules separately.
This calculator is for reference only and is not legal advice. Consult a licensed attorney or the Wage and Hour Division about your specific situation.
Frequently Asked Questions
Not under the standard FLSA rule. 29 C.F.R. 778.104 provides that each workweek stands alone, so 50 hours one week and 30 the next still produces 10 hours of overtime. Only the statutory exceptions, such as the hospital 8/80 agreement or a public agency 207(k) work period, permit a longer averaging window.
Under 29 U.S.C. 207(j), a hospital or residential care establishment may agree with employees in advance to use a 14-day work period and pay overtime for hours beyond 8 in a day or 80 in the period. It must be a prior agreement, and the employer has to pay whichever measure yields more overtime.