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Under US federal law (FLSA), non-exempt employees must receive 1.5× their regular rate for all hours over 40 per week.
Some states (California, Alaska) require overtime after 8 hours per day — stricter than the federal 40-hour weekly threshold.
California requires double time for hours over 12 in a single day and for all hours on the 7th consecutive workday.
Salaried employees earning over $684/week are typically FLSA-exempt and do not receive mandatory overtime pay.
Under the US Fair Labor Standards Act (FLSA), the standard overtime rate is 1.5 times (time and a half) the employee's regular hourly rate for all hours worked beyond 40 in a workweek. For example, if your regular rate is $20/hour, your overtime rate is $30/hour. Some states and employers offer double time (2×) for certain conditions. Always check your employment contract and state labor laws, as some states have more generous requirements than the federal minimum.
Under federal FLSA law, overtime kicks in after 40 hours per week, regardless of daily hours. However, several states use a daily overtime threshold: California, Alaska, and Nevada require 1.5× pay after 8 hours in a single workday, and double time after 12 hours in a day (California). If both daily and weekly overtime apply, you receive whichever calculation results in higher pay — employers cannot offset daily overtime against weekly hours.
It depends on your salary level and job duties. Under FLSA, employees earning over $684 per week ($35,568 annually) and performing executive, administrative, professional, outside sales, or computer-related duties are exempt from overtime requirements. Employees earning below this threshold are entitled to overtime regardless of their job title. Misclassification of non-exempt employees as exempt is a common labor violation — if you're unsure of your status, consult your HR department or the US Department of Labor.
Tipped employees (who receive at least $30/month in tips) have a lower minimum wage base ($2.13/hour federal tipped minimum) but are still entitled to overtime. Overtime is calculated on the full minimum wage ($7.25/hour federal), not the tipped wage. For example, a tipped employee working 50 hours: regular pay = 40 × $7.25 = $290; overtime = 10 × $10.875 (1.5 × $7.25) = $108.75; minus the tip credit for 50 hours. The specific calculation varies by state tipped minimum wage.
Yes — under federal FLSA, overtime applies based on hours worked per week, not employment status. A part-time employee who works 45 hours in a given week must receive 1.5× pay for those 5 overtime hours, even if their standard schedule is 20 hours/week. There is no 'part-time exemption' from overtime. However, hours from multiple part-time jobs do not aggregate for overtime purposes — only hours worked for a single employer in a workweek count.
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