Overtime after 40 hours, under the federal rule
DOL Fact Sheet 23 says that unless an exemption applies, covered employees must receive overtime for hours over 40 in a workweek, at no less than one and one-half times their regular rate. A workweek is a fixed 168-hour period; you cannot average hours across two weeks under this federal rule. Some states require more.
Updated .
Hours at two employers are explained on the two-job page. Rounding rules are on the rounding page. Count a single shift on the shift-length calculator.
At a glance
| Federal baseline | Fact Sheet 23 |
|---|---|
| Threshold | Over 40 hours in a workweek |
| Rate | At least 1.5 times the regular rate |
| Workweek | A fixed 168-hour period; no two-week averaging |
| Weekend or holiday work alone | Not automatically overtime under this federal rule |
DOL Fact Sheet 23 says that unless a specific exemption applies, employees covered by the Fair Labor Standards Act must receive overtime pay for hours worked over 40 in a workweek, at a rate not less than one and one-half times their regular rate. A workweek is a fixed, regularly recurring 168-hour period; you cannot average hours across two weeks under this federal rule. The Act does not, by itself, require overtime for weekend or holiday work unless those hours push the week over 40. Some states require daily overtime or a higher multiplier. This tool uses a 40-hour threshold unless you enter a different one, and it is not a decision about whether you are exempt.
Workweek overtime math
Sources
Common questions
Is weekend or holiday work automatically overtime under federal law?
The Act does not, by itself, require overtime for weekend or holiday work unless those hours push the week over 40.
Can two weeks be averaged to avoid overtime?
No. Under this federal rule you cannot average hours across two weeks.
Does this tool decide whether I am exempt?
No. It uses a 40-hour threshold unless you enter a different one, and it is not a decision about whether you are exempt.
Can a state require more than this federal baseline?
Yes. Some states require daily overtime or a higher multiplier. This is not legal advice.