Overtime laws in the United States are designed to protect workers from being exploited by ensuring they are fairly compensated for extra hours. Under the Fair Labor Standards Act (FLSA), most employees are entitled to 1.5 times their regular hourly rate for any hours worked over 40 in a workweek. However, there’s more to overtime than just tracking time—understanding the rules and exemptions is critical.
Who Qualifies for Overtime?
Not everyone is eligible for overtime pay. The FLSA divides workers into two main categories:
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Non-exempt employees: These workers are entitled to overtime. Most hourly workers fall into this category.
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Exempt employees: These are usually salaried workers in executive, administrative, or professional roles making above a certain salary threshold ($684 per week as of 2024). They do not qualify for overtime.
Misclassification is a common issue. Some employers wrongly label workers as exempt to avoid paying overtime. If your job duties do not meet the exemption criteria, you might be owed back pay.
How Overtime Is Calculated
Overtime is calculated weekly, not daily. So working 9 hours a day for 5 days doesn’t necessarily count unless you go over 40 hours total in that workweek.
Example:
Regular rate = $20/hour
Overtime rate = $30/hour (1.5x)
If you worked 45 hours, you'd receive:
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40 hours x $20 = $800
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5 hours x $30 = $150
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Total = $950
Can You Waive Overtime?
No. Even if an employee agrees to work for a flat salary or signs a waiver, they cannot legally waive their right to overtime if they’re non-exempt.
What If You’re Not Paid Properly?
If you believe you’re not being paid what you’re owed, you have the right to file a complaint with the U.S. Department of Labor’s Wage and Hour Division or take legal action. Employers who fail to comply may be required to pay back wages, penalties, and legal fees.
Final Thoughts
Know your classification, track your hours, and don’t be afraid to speak up. Overtime laws are there to protect you. If you're unsure of your rights, consult an employment attorney or your local labor office.
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