Overtime Pay
Calculator
The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees time and a half for every hour worked over 40 in a workweek. Some states go further with daily overtime thresholds and double-time rules. This free calculator computes your overtime pay based on your hourly rate, hours worked, and state, so you can verify your paycheck and identify potential violations.
Important: This tool provides educational estimates only — not legal advice. Made For Law is not a law firm and is not affiliated with, endorsed by, or connected to any federal, state, county, or local government agency or court system. Calculator results are based on statutory formulas and publicly available fee schedules — not AI. Supporting content is AI-assisted and editorially reviewed. Results may not reflect recent legislative changes or your specific circumstances. Do not rely solely on these estimates — always verify with official sources and consult a licensed attorney before making legal or financial decisions. Full disclaimer
Calculate Your Overtime Pay
Enter your hourly rate, hours worked, and state to calculate your overtime pay including any state-specific daily overtime rules.
How Overtime Pay Works Under the FLSA
The Fair Labor Standards Act is the federal law governing minimum wage and overtime. Here are the core rules every employee should know.
FLSA Overtime Rules
- Time and a half: Non-exempt employees must be paid 1.5x their regular rate for all hours worked over 40 in a single workweek (defined as any fixed, recurring 168-hour period).
- Federal minimum wage: The federal minimum wage is $7.25/hour, making the minimum overtime rate $10.875/hour. Most states have higher minimums.
- 2024 salary threshold: As of July 2024, the salary threshold for overtime exemption is $43,888/year ($844/week). Employees earning below this are automatically entitled to overtime regardless of duties.
- Regular rate calculation: Your regular rate includes base hourly pay, non-discretionary bonuses, shift differentials, and piece-rate earnings. It does not include discretionary bonuses, gifts, vacation pay, or employer benefit contributions.
Exempt vs Non-Exempt Employees
Non-Exempt (Entitled to OT)
- Hourly employees (almost always non-exempt)
- Salaried employees earning below $43,888/year
- Salaried employees who fail the duties test
- Manual laborers and first responders (regardless of salary)
- Licensed practical nurses and paralegals
Exempt (No OT Required)
- Executive: Manages 2+ employees, has hiring/firing authority
- Administrative: Office work directly related to business operations, exercises independent judgment
- Professional: Work requiring advanced knowledge in science or learning
- Computer: Systems analysts, programmers, software engineers earning $27.63+/hr
- Outside sales: Primarily makes sales away from employer's place of business
All three tests must be met for an exemption to apply: salary basis, salary level ($43,888+/year), and duties. Failing any single test means the employee is non-exempt and entitled to overtime.
States with Enhanced Overtime Rules
While the FLSA uses a weekly overtime standard, a handful of states provide additional daily overtime protections.
| State | Overtime Rule | Details |
|---|---|---|
| California | Daily OT after 8 hrs; double time after 12 hrs | Also requires double time for hours worked beyond 8 on the 7th consecutive workday. The most protective overtime law in the country. |
| Colorado | Daily OT after 12 hrs | Overtime required after 12 hours in a workday or 40 hours in a workweek, whichever triggers first. |
| Alaska | Daily OT after 8 hrs | Overtime at 1.5x after 8 hours per day, similar to California but without the double-time provision. |
| Nevada | Daily OT after 8 hrs (conditional) | Daily overtime required if employee earns less than 1.5x the state minimum wage. Higher-paid employees follow the federal 40-hour weekly standard. |
Common Overtime Violations
Misclassifying Employees as Exempt
The most common violation. Employers give employees a 'manager' title and salary to avoid paying overtime, even though the employee's actual duties don't meet the executive exemption test. Job title alone does not determine exemption — primary duties must involve genuine management with authority over other employees.
Off-the-Clock Work
Requiring employees to work before clocking in, after clocking out, or during unpaid lunch breaks. Common examples include mandatory pre-shift meetings, post-shift cleanup, answering emails from home, and working through lunch while remaining 'on call.' All hours suffered or permitted to be worked must be compensated.
Averaging Hours Across Weeks
Overtime must be calculated on a single workweek basis. An employer cannot average 30 hours one week and 50 hours the next to claim the employee averaged 40 hours. The employee earned 10 hours of overtime in the 50-hour week regardless of the prior week's hours.
Comp Time Instead of Overtime Pay
Private employers cannot offer compensatory time off ('comp time') instead of paying overtime wages. This is only permissible for government employees. If a private employer offers 'flex time' or 'comp time' instead of overtime pay, they are violating the FLSA.
How to Calculate Your Overtime
- 1Determine your regular rate of pay.
Start with your hourly rate. If you receive non-discretionary bonuses or shift differentials, add those to your total weekly compensation and divide by total hours worked to get the true regular rate.
- 2Calculate your overtime rate.
Multiply your regular rate by 1.5. For example: $25/hour regular rate = $37.50/hour overtime rate. In California, hours beyond 12 in a day are paid at 2x ($50/hour in this example).
- 3Count your overtime hours.
Under the FLSA, count all hours over 40 in the workweek. In daily overtime states, also count hours over the daily threshold (usually 8). Do not double-count — daily OT hours that push you over 40 weekly are not counted again.
- 4Calculate total overtime pay.
Overtime Pay = Overtime Hours × Overtime Rate. Example: 48 hours worked at $25/hour = (40 × $25) + (8 × $37.50) = $1,000 + $300 = $1,300 total weekly pay.
Frequently Asked Questions
Edited and reviewed by our editorial team. Answers are general information — not legal advice.
How is overtime calculated?
Under the federal Fair Labor Standards Act (FLSA), overtime is paid at 1.5 times your regular hourly rate for all hours worked over 40 in a workweek. Your regular rate includes your base hourly pay plus any non-discretionary bonuses, shift differentials, and commissions, divided by total hours worked. For example, if your regular rate is $20/hour, overtime is $30/hour for each hour over 40.
Am I exempt or non-exempt?
To be exempt from overtime, you must meet all three tests: (1) Salary basis test — you receive a fixed salary not subject to reduction based on quality or quantity of work; (2) Salary level test — you earn at least $43,888/year ($844/week) as of July 2024; (3) Duties test — your primary duties involve executive, administrative, professional, computer, or outside sales work as defined by the FLSA. Failing any one test makes you non-exempt and entitled to overtime.
Can my employer force me to work overtime?
Yes — in most states, employers can require mandatory overtime and discipline or terminate employees who refuse. The FLSA does not limit the number of hours adults can work per week. However, some states have restrictions for specific industries (healthcare workers in certain states cannot be forced to work beyond scheduled shifts), and union contracts often limit mandatory overtime. Your employer must still pay overtime rates for all hours over 40.
What is the FLSA salary threshold for 2024?
The Department of Labor updated the FLSA salary threshold effective July 1, 2024, raising it to $43,888/year ($844/week). A second increase to $58,656/year ($1,128/week) was scheduled for January 1, 2025, but has been blocked by federal courts. Employees earning below the current threshold are automatically eligible for overtime regardless of their job duties.
Does travel time count as hours worked?
It depends on the type of travel. Your normal commute from home to work is not compensable. However, travel between job sites during the workday counts as hours worked. Travel to a different city for a one-day assignment (beyond your normal commute) is compensable. For overnight travel, time spent traveling during normal working hours is compensable even on non-working days, but travel outside normal hours as a passenger is generally not.
Can I get overtime pay for past violations?
Yes — the FLSA allows you to recover unpaid overtime for up to 2 years back (3 years if the violation was willful). You can recover the unpaid wages plus an equal amount in liquidated damages, effectively doubling your recovery. You can also recover attorney fees. Claims can be filed individually or as a collective action on behalf of similarly situated employees.
What about salaried employees and overtime?
Being salaried does not automatically mean you are exempt from overtime. You must also meet the salary threshold ($43,888/year in 2024) and the duties test for your specific exemption category. Many salaried workers — especially those earning below the threshold or whose primary duties do not involve management, professional judgment, or specialized knowledge — are entitled to overtime pay.
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