What are the overtime rules?
40hours
General federal weekly threshold
Under the general federal rule, covered, nonexempt employees receive at least 1.5× the regular rate for hours over 40 in one fixed workweek.
Federal estimate: hours over 40 × regular rate × 1.5
- A workweek is a fixed, recurring period of 168 hours.
- Different workweeks generally cannot be averaged together.
- Weekends and holidays do not automatically receive premium pay under federal law.
- State law, occupation, exemptions and agreements can change the rule.
Common situations under the general federal rule
| Situation | General treatment |
|---|---|
| 45 actual hours in one workweek | 5 overtime hours |
| 35 hours plus 8 hours paid holiday leave | Holiday leave generally is not hours worked |
| 30 hours one week and 50 the next | Weeks stand alone; do not average to 40 |
| Saturday work below 40 weekly hours | No automatic federal weekend premium |
Overtime calculator
This overtime pay calculator works out your overtime rate, overtime pay and total weekly gross pay from your hourly rate and hours.
Coverage and exemption matter
The calculation is useful only after the worker and job are covered by the applicable overtime rule. Salary or job title alone does not settle exemption.
The regular rate can exceed base pay
The legal regular rate may include certain bonuses, commissions, shift differentials and pay from multiple rates. Statutory exclusions are fact specific.
States can add protection
California is a prominent example with general daily, weekly and seventh-day rules. Other states can have their own thresholds and exceptions.
Records resolve most arithmetic
A useful check starts with the employer-defined workweek, daily hours, each rate paid and the compensation included in the regular rate.
Frequently asked questions
Is overtime after eight hours or 40 hours?
The general federal rule is weekly after 40 hours. California and some other rules can add daily overtime.
Can an employer average two weeks?
Under the general federal rule, each fixed workweek stands alone and weeks cannot be averaged to avoid overtime.
Are all salaried employees exempt?
No. Exemption depends on the applicable salary and duties tests or another specific exemption, not the word “salary” alone.