Federal Overtime Rules (FLSA): The 40-Hour Work Week Explained

Who gets overtime, how the fixed work week works, what counts as the regular rate, and worked examples under the Fair Labor Standards Act.

Actualizado 2026-10-20

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The Fair Labor Standards Act (FLSA) sets the federal floor: non-exempt employees get at least one and a half times their regular rate for every hour over 40 in a work week. There is no federal daily overtime, no federal weekend or holiday premium, and no federal cap on hours for adults.

The work week is fixed

A work week is any fixed, regularly recurring period of 168 hours, seven consecutive 24-hour periods. The employer picks the start day and time (Sunday 12:00 AM is common) and must apply it consistently. Overtime is calculated for each work week on its own. Pay periods do not matter: a bi-weekly pay period with a 50-hour week and a 30-hour week owes 10 overtime hours, not zero.

This is why every calculator on this site asks for the work week start day and groups days into weeks before applying the 40-hour test.

What counts toward 40

Hours actually worked. Paid time off, holidays and sick days do not count unless the employer chooses to count them. Short rest breaks of 5 to 20 minutes are work time. Bona fide meal periods of 30 minutes or more, where the employee is fully relieved, are not.

The regular rate

Overtime is 1.5 times the regular rate, not necessarily the hourly wage. The regular rate includes non-discretionary bonuses, shift differentials and commissions, spread over the hours worked. If an employee works two jobs at different rates in one week, the regular rate is the weighted average: total straight-time pay divided by total hours (29 CFR 778.115). The overtime premium is then 0.5 times that average for each overtime hour, on top of the straight-time pay already earned.

Example: 30 hours at $15 and 15 hours at $20 is $450 + $300 = $750 straight pay over 45 hours, a regular rate of $16.67. Overtime premium: 5 hours × $16.67 × 0.5 = $41.67. Total $791.67.

Rounding

Employers may round punches to the nearest 5, 6 or 15 minutes if the practice averages out and does not systematically favour the employer (29 CFR 785.48(b)). Rounding applies to punches, not to totals.

Exempt employees

Salaried executive, administrative, professional, outside sales and certain computer employees are exempt if they meet the duties tests and the salary threshold ($684 per week under the 2019 rule; a 2024 increase was vacated by a federal court, so verify the current threshold on dol.gov). Exempt employees are not owed overtime no matter how many hours they work.

States that go further

California, Alaska, Nevada and Colorado have daily overtime. California also has double time and a seventh-day rule. Kentucky pays overtime for the seventh day worked in a week. Where state law is more generous, it applies. See the California guide for the most complex set of rules.

Worked example (federal only)

Monday to Thursday 10 hours each, Friday 6 hours: 46 hours. Daily 10-hour shifts are not overtime federally. Regular: 40 hours. Overtime: 6 hours. At $18: $720 + 6 × $27 = $882.

Source: US Department of Labor Fact Sheet #23 and 29 CFR Part 778.

Frequently asked

Is there overtime for working on a Sunday or a holiday? Not federally. Premium pay for weekends and holidays is a matter of contract or employer policy. Those premium hours can be credited against overtime owed if the premium is at least 1.5x.

Can my employer average two weeks? No, except under narrow exemptions for hospitals and nursing homes (the 8 and 80 rule) and certain public safety employees. For everyone else each 7-day week stands alone.

Can I waive overtime? No. The right to overtime cannot be waived by agreement; an employer that pays straight time for overtime hours owes the difference plus, usually, an equal amount in liquidated damages.

Does unauthorised overtime have to be paid? Yes. If the employer knew or should have known the work was being done, it must be paid, even if it was against policy. The employer can discipline the employee for breaking the rule but cannot withhold the pay.

Does travel time count? Ordinary commuting does not. Travel between job sites during the day does, and overnight travel during normal working hours does, even on a weekend.

How long does an employer have to pay overtime? By the regular payday for the period in which it was earned. Some states allow one extra period for overtime that could not be calculated in time.

How far back can I claim? Two years federally, three for wilful violations. Several states allow longer: California claims under the unfair competition law go back four years.