Basic Overtime Questions
- What is overtime pay? 1.5× regular rate for hours over 40 in a workweek for non-exempt employees.
- Who gets overtime? Non-exempt employees — hourly workers and salaried workers under $684/week who don’t meet duties tests.
- When does overtime start? After 40 hours in a single workweek (daily overtime only in CA and some states).
- Is overtime required by law? Yes — FLSA requires it for covered non-exempt employees.
- Can I waive my overtime rights? No — FLSA overtime rights cannot be waived. Any agreement to do so is unenforceable.
Calculation Questions
Overtime calculation quick reference
| Question | Answer |
|---|---|
| What is the overtime rate? | Minimum 1.5× regular rate of pay (federal) |
| What is the regular rate? | Total straight-time earnings ÷ total hours worked in the week |
| Are bonuses included? | Non-discretionary bonuses: yes. Truly discretionary: no. |
| What about shift differentials? | Always included in regular rate |
| How is overtime calculated for multiple rates? | Weighted average: total earnings ÷ total hours = regular rate |
| Do I get double time? | Only in California and some other states; not required federally |
Exempt Status Questions
Key facts about overtime exemptions:
- Salary threshold: $684/week federal minimum (higher in some states)
- Duties test: executive (manage people), administrative (business operations + discretion), or professional (advanced knowledge)
- Both tests must be met — title and salary alone don’t create exemption
- If you’re unsure: consult an employment attorney or the DOL WHD
- Misclassification is common and employers bear the burden of proving exemption
You cannot waive your right to overtime pay under FLSA. Any agreement, written or verbal, to forego overtime is unenforceable. You can be disciplined for working unauthorized overtime, but your employer must still pay you for it. The FLSA’s overtime protections exist because they’re public policy minimums, not private bargaining chips.
State and Employer Policy Questions
Key state and employer policy facts: Can an employer require overtime? Yes — mandatory overtime is legal. Can an employer refuse to pay overtime? No — overtime must be paid regardless of pre-approval. Does overtime apply on a bi-weekly or monthly basis? No — workweek basis only. Can an employer change the workweek definition? Yes — but with proper notice and not retroactively to avoid overtime.
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