Written by this site from official U.S. sources
If you're a non-exempt worker, make sure you get at least 1.5 times your regular pay for every hour over 40 in a workweek
- Moderate value
- Evidence A
- Saves money
- Free
- Takes minutes
- Some willpower
In plain words
Under federal law, covered workers who are not "exempt" must be paid at least one and a half times their regular hourly rate for every hour over 40 in a workweek. Working on a weekend or at night does not by itself mean extra pay; that's up to your agreement with your employer. If your state's overtime law gives more, you get the better deal. If you aren't paid, you can complain to the Wage and Hour Division at 1-866-487-9243.
- Cost
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Free. Keep your own record of the hours you work each week, which takes a few minutes. The hard part is remembering every week.
- What you get
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Department of Labor: "For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek." "Some states have overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard." "Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative)." On most federal contracts over $100,000 for services or construction, contractors must also pay laborers and mechanics at least one and one-half times their basic rate for hours over 40 in a workweek. Complaints go to the Wage and Hour Division at 1-866-487-9243. Unpaid overtime can be claimed for 2 years back (3 if willful), plus an equal amount in liquidated damages (see the unpaid wages entry).
- Notes
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Federal overtime is counted per workweek, not per day. Some jobs are "exempt" under the FLSA and are not owed overtime. Whether you are exempt depends on the FLSA's rules, so check DOL's overtime fact sheets rather than taking your employer's word for it. Some states have stricter overtime rules, so check your state labor department.
- Evidence grade
- A: Specific numbers from meta-analyses, large cohorts or randomized trials; for law and policy, the statute or official text.
- Sources
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- U.S. Department of Labor. Overtime Pay. https://www.dol.gov/general/topic/workhours/overtime (核对的是 web.archive.org 2026年9月17日的存档)
- 29 U.S. Code § 207 (maximum hours). https://www.law.cornell.edu/uscode/text/29/207
- U.S. Department of Labor, Wage and Hour Division. How to File a Complaint. https://www.dol.gov/agencies/whd/contact/complaints (核对的是 web.archive.org 2026年9月29日的存档)
Sources checked 2026-10-12
Replaces in the original
Content may be out of date and rules differ by place. When you actually deal with an agency, a doctor or a court, follow what local officials, doctors and lawyers tell you.