Overtime Pay
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The Fair Labor Standards Act (FLSA) requires employers to pay non-exempt employees overtime at a rate of at least 1.5 times their regular rate of pay for all hours worked beyond 40 in a workweek. Some states have additional requirements, such as daily overtime or double-time rules.
Certain salaried employees in executive, administrative, professional, and outside sales roles may be exempt from overtime if they meet specific salary and duties tests. As of 2024, the federal salary threshold is $684/week ($35,568/year).
Federally, it's weekly (over 40 hours). Some states require daily overtime calculation as well.
Non-discretionary bonuses must be included in the regular rate calculation for overtime purposes.
Private employers generally cannot substitute comp time for overtime pay. Public sector employers have different rules.