How night shift pay works in the US
Federal law does not require extra pay for working nights. There is no statutory graveyard premium, so a night shift differential is something an employer offers or a union contract negotiates. It is usually written either as a percentage of your base rate or as a flat amount per hour, and this tool prices both.
Legal basis: the US Department of Labor states that the FLSA does not require extra pay for night work, weekends or holidays; those are agreements between employer and employee. What the law does require is that the differential be treated as part of your regular rate when overtime is figured, under 29 C.F.R. ยง778.207(b), so night hours over 40 in the week raise your overtime pay too. Federal civil service night pay under 5 U.S.C. ยง5545(a) is a separate 10 percent statutory rule that applies only to government employees. Figures are current as of September 2026.
Private-sector differentials commonly fall in the 10 to 15 percent range but vary widely by industry. This calculator is for reference only and is not legal advice. Consult a licensed attorney about your specific situation.
Frequently Asked Questions
Not under the FLSA. Outside federal government employment and union contracts, paying more for night hours is a matter of employer policy rather than a legal obligation.
Yes. Under 29 C.F.R. ยง778.207(b) a shift differential is part of the regular rate, so overtime on those hours is calculated on the higher figure.
Private employers commonly pay around 10 to 15 percent of base, or a flat dollar amount per hour. Healthcare and manufacturing often pay at the higher end for overnight shifts.