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How to Calculate Overtime Pay Under the FLSA

Learn how to calculate overtime pay step by step under the federal FLSA, including time-and-a-half, California daily overtime, and exempt vs non-exempt rules.

Reviewed by the thecalcu.com team ยท Last updated August 4, 2026

Overview

Overtime math looks simple until your schedule gets messy: a bonus in the mix, a 13-hour shift in California, a week where you're not even sure you were entitled to overtime in the first place. This guide walks through the actual federal rules under the Fair Labor Standards Act (FLSA), plus the state-level wrinkles that change the math, so you can check your own pay stub with confidence.

The core rule is short. Non-exempt employees get 1.5x their regular rate for every hour worked beyond 40 in a workweek. Everything else in this guide fills in the detail: what counts as "hours worked," who's non-exempt, and how a handful of states raise the bar above the federal floor.

What You Need

Before you calculate anything, gather three numbers: your regular hourly rate (or your salary converted to an hourly equivalent), your total hours worked for the week in question, and your state's overtime rules if you're outside the federal default. If you're salaried and not sure whether you're exempt, grab your annual salary and a rough description of your job duties too, since both factor into the exemption test below.

Steps

Step 1: Confirm you're non-exempt. The FLSA's overtime protections only apply to non-exempt employees. You're likely exempt only if you're salaried, paid at least $684/week ($35,568/year), and your primary duties fall into an executive, administrative, professional, computer, or outside sales category. Hourly workers are almost always non-exempt regardless of pay level. If any part of that test fails, you're entitled to overtime.

Step 2: Get your regular hourly rate. If you're paid hourly, this is straightforward. If you're salaried but non-exempt, which does happen since salary alone doesn't guarantee exemption, divide your weekly salary by your standard number of hours. A $1,000/week salary on a 40-hour schedule works out to a $25/hr regular rate.

Step 3: Fold in non-discretionary bonuses. A bonus tied to a formula, quota, or advance promise, not a surprise gift, has to be blended into your regular rate before the overtime multiplier gets applied. A $200 weekly production bonus on top of a $25/hr rate for 40 hours effectively raises your regular rate to $30/hr for that week's overtime calculation.

Step 4: Multiply your regular rate by 1.5 (or your state's applicable rate). This gives you your overtime hourly rate. At $28.50/hr, time and a half comes to $42.75/hr.

Step 5: Multiply the overtime rate by your overtime hours. Work 45 hours in a week at $28.50/hr and you have 5 overtime hours. That's $42.75 x 5 = $213.75 in overtime pay, on top of $1,140 in regular pay for the base 40 hours, a total of $1,353.75 for the week.

Step 6: Check for state-specific daily overtime. California and Alaska require overtime based on hours in a single day, not just the weekly total. In California, hours 9 through 12 in a workday pay 1.5x, and anything past 12 pays double time. A 13-hour day at $22/hr breaks down as $176 for the first 8 hours, $132 for hours 9 through 12, and $44 for the 13th hour, $352 total, well above what a simple weekly-40 calculation would produce.

Step 7: Cross-check with a calculator. Once you've worked through the manual math, run the same numbers through the Overtime Pay Calculator to confirm your total. It's worth verifying by hand at least once so you understand where each dollar comes from, then let the tool handle repeat calculations.

Common Mistakes to Avoid

The most frequent error is averaging hours across two or more pay periods. Working 30 hours one week and 50 the next isn't the same as working 40 both weeks. The FLSA evaluates each workweek independently, so the 50-hour week still owes 10 hours of overtime even if the two-week average lands at 40.

Assuming a "salaried" label settles the exemption question is another common mistake, and it doesn't hold up. Plenty of salaried workers below the $684/week threshold, or above it but doing largely manual or clerical work, remain legally non-exempt and owed overtime. Job title and pay structure aren't the test. Duties and salary level are.

Employers also sometimes forget to include non-discretionary bonuses in the regular rate before applying the overtime multiplier, which quietly shortchanges workers on every overtime hour during a bonus period. Workers who aren't tracking their own hours independently often miss unpaid off-the-clock work too. Mandatory pre-shift setup, post-shift cleanup, or working through an unpaid meal break all count as hours worked, even when a time clock doesn't capture them.

Formula & Methodology

The federal formula in full:

Overtime Pay = Regular Hourly Rate x 1.5 x Overtime Hours

Where Regular Hourly Rate includes any non-discretionary bonus blended in, and Overtime Hours is the number of hours worked beyond 40 in the workweek (or beyond your state's daily/weekly threshold, if stricter). Total weekly pay is then:

Total Weekly Pay = (Regular Hourly Rate x Regular Hours) + Overtime Pay

For salaried non-exempt employees, first convert salary to an hourly rate by dividing the weekly salary by the standard number of hours the salary is meant to cover, then apply the same formula from there. If you want to see how a change in hourly rate or overtime hours ripples through your total pay, the Overtime Pay Calculator lets you adjust each input independently and watch the total update in real time.

Frequently Asked Questions

Does salary automatically mean I'm not owed overtime?
No. Being paid a salary instead of an hourly wage doesn't by itself make you exempt from overtime. You also have to meet a duties test (executive, administrative, professional, or outside sales work) and earn above the federal salary threshold, which has sat at $684 per week ($35,568 a year) since 2020. Miss either test and you're non-exempt, meaning you're entitled to overtime no matter what your offer letter calls you.
How do I calculate overtime pay for a $28.50/hr job with 5 overtime hours?
Multiply the hourly rate by 1.5 to get the overtime rate: $28.50 x 1.5 = $42.75/hr. Five overtime hours at that rate comes to $213.75. Add your regular 40-hour pay of $1,140 and your total for the week lands at $1,353.75. Our [Overtime Pay Calculator](/us/overtime-calculator/) does this instantly if you'd rather skip the arithmetic.
Is overtime based on a daily or weekly schedule?
Federally, it's weekly. The FLSA only counts hours over 40 in a single workweek, regardless of how they're distributed across days. A handful of states go further: California requires 1.5x after 8 hours in a single day and double time after 12, and Alaska has a similar daily-plus-weekly rule. Check your state labor department's site if you're unsure which standard applies to you.
What counts as 'hours worked' for overtime purposes?
Hours worked includes any time you're required to be on duty, on the employer's premises, or at a prescribed workplace, plus certain training time and short breaks under 20 minutes. It generally excludes unpaid meal breaks (30 minutes or more, if you're fully relieved of duties), commute time, and time you volunteer without being asked. Employers sometimes get this wrong by not counting mandatory pre-shift setup or post-shift cleanup, both of which usually count.
Can my employer average my hours over two weeks to avoid paying overtime?
Not under federal law. Each workweek stands alone for FLSA purposes, so working 30 hours one week and 50 the next means you're owed 10 hours of overtime for the second week, even though your two-week average is only 40. Averaging across pay periods to dodge overtime is a common violation, and it's one of the easier ones to catch just by checking your pay stubs week by week.
What's the difference between time and a half and double time?
Time and a half pays 1.5x your regular rate and is the default overtime rate under federal law for hours past 40 in a week. Double time (2x) isn't required by federal law at all. It typically shows up in California's over-12-hours-in-a-day rule, on certain holidays by employer policy, or in a union contract. If your pay stub shows double time and you're not in California or covered by a specific policy, ask HR where that rate comes from.
How does bonus pay affect my overtime rate?
Non-discretionary bonuses, ones tied to a formula or promised in advance, like a production bonus or attendance bonus, have to be folded into your regular rate before calculating overtime. If a $500 monthly bonus effectively adds $2.88/hr to a 40-hour week's base rate, your overtime rate that week should reflect the higher blended rate, not just your base hourly wage. Purely discretionary bonuses, like a surprise holiday gift, don't have to be included.
I'm classified as an independent contractor, do I still get overtime?
Independent contractors aren't covered by the FLSA's overtime rules at all, since overtime only applies to employees. That's exactly why worker misclassification is such a common wage dispute: some employers label workers as 1099 contractors specifically to avoid paying overtime, minimum wage, and payroll taxes, even when the actual working relationship looks like employment. See our [W-2 vs 1099](/articles/w2-vs-1099-employee-or-contractor/) comparison for the tests used to tell the two apart.
Can my employer give me comp time instead of overtime pay?
Private-sector employers generally can't substitute paid time off for overtime pay. Federal law requires cash payment for overtime hours worked by non-exempt employees. Comp time in lieu of overtime pay is allowed for public-sector employees (state and local government) under specific conditions, usually capped at 480 hours for public safety and emergency roles or 240 hours otherwise. If you work for a private company and you're offered comp time instead of pay, that's worth double-checking with your state labor office.
How do I figure out if I've been underpaid on overtime?
Pull your pay stubs and recalculate each week independently using your actual hourly rate, including any non-discretionary bonuses folded in. Compare that to what you were paid. A $40/hr worker owed 8 overtime hours at 1.5x should see $480 in overtime pay for that week. If the stub shows less, or if overtime was averaged across pay periods, that's a discrepancy worth raising with HR or, if unresolved, the Department of Labor's Wage and Hour Division.
Does working overtime push me into a higher tax bracket?
Overtime pay is taxed the same as regular wages. There's no separate 'overtime tax rate.' What can happen is that a big overtime week temporarily bumps up the amount withheld from that specific paycheck, since payroll withholding tables assume each paycheck reflects your typical pay. Your actual tax liability gets settled based on total annual income when you file, so a high-overtime week doesn't permanently raise your tax rate, even if the withholding on that one check looks steep.
What records should I keep to prove my overtime hours?
Keep your own log of daily start and end times, meal breaks, and any hours worked off the clock, even if your employer also tracks time. Save pay stubs going back at least two years, the FLSA's standard statute of limitations for unpaid wage claims, or three years if the violation was willful. A personal record matters most when an employer's timekeeping system is inconsistent or when hours were worked without being logged.

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