Understanding US Overtime Rules
Under the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay — at least 1.5× their regular rate — for all hours worked beyond 40 in a single workweek. A workweek is any fixed 7-consecutive-day period.
Some states have stricter rules. California, for example, requires overtime after 8 hours in a day, and double-time after 12 hours. Always check your state labor law for specifics.
Frequently Asked Questions
No — under federal law, overtime is calculated on a single workweek basis, not averaged. If you work 50 hours one week and 30 the next, you are owed overtime for week 1.
You can file a wage complaint with the US Department of Labor's Wage and Hour Division (WHD) or your state labor board. Unpaid overtime can be recovered for up to 2–3 years.
Generally no — bona fide meal breaks of 30 minutes or more where you are completely relieved of duty do not count as work time.