If you’ve ever worked more than 40 hours in a week and wondered whether you’re entitled to overtime pay, you’re not alone. Overtime laws in the U.S. are governed by the Fair Labor Standards Act (FLSA), and they can be confusing—especially when it comes to who qualifies, how much extra you should be paid, and what exceptions exist.
This article breaks down the rules so you can protect your rights and make sure you’re being paid fairly for your time.
1. What Is Overtime Pay?
Under federal law, overtime pay is 1.5 times your regular hourly wage—commonly called “time and a half.”
✅ For example:
If you earn $20/hour, your overtime rate is $30/hour.
Employees must receive this rate for every hour worked over 40 hours in a single workweek.
📅 Important: A “workweek” is any fixed 7-day period—not necessarily Monday to Sunday.
2. Who Qualifies for Overtime?
The key question is whether you are non-exempt or exempt under the FLSA:
✅ Non-Exempt Employees
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Paid hourly
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Jobs that do not involve executive, administrative, or professional duties
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Most workers in retail, food service, warehouses, and manual labor
👉 Non-exempt workers must be paid overtime.
❌ Exempt Employees
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Usually salaried
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Perform managerial, supervisory, or skilled professional work
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Must earn at least $684/week (as of current federal rules)
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Common exempt roles: HR managers, lawyers, engineers, accountants
👉 Exempt workers are not entitled to overtime pay.
3. Common Misclassifications
Some employers wrongly classify workers as exempt to avoid paying overtime. This is illegal and a common violation.
Red flags include:
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You're salaried but do not supervise anyone
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You perform routine, repetitive tasks
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You regularly work over 40 hours with no extra pay
If this sounds familiar, you may be misclassified and eligible for back pay.
4. State Overtime Laws May Differ
While the FLSA is a federal standard, many states offer stronger protections. For example:
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California: Overtime after 8 hours/day, not just 40/week
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New York: Stricter wage thresholds for exemption
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Alaska: Daily overtime rules also apply
Always check your state labor department for details that may benefit you.
5. How to Take Action
If you believe your employer is violating overtime laws:
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Keep a personal log of your hours
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Save pay stubs and schedules
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Talk to HR (if safe to do so)
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File a complaint with the U.S. Department of Labor (Wage and Hour Division)
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Speak with a labor attorney
You can legally recover unpaid overtime for up to 2 years (3 years for willful violations), and your employer cannot retaliate against you for filing a complaint.
Final Thoughts
Overtime laws exist to protect workers from exploitation. If you’re working more than 40 hours a week, it’s your right to be fairly compensated—unless you clearly fall into an exempt category. Know the law, document your hours, and take action if your rights are being ignored.
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