For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay (PDF) 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 exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes.
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 (i.e., the standard that will provide the higher overtime pay).
Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative).
The Contract Work Hours and Safety Standards Act (CWHSSA) requires contractors and subcontractors on most federal contracts over $100,000 for services or construction to pay laborers and mechanics at least one and one-half times their basic rate of pay for all hours worked over 40 in a workweek. CWHSSA also applies to most federally assisted construction contracts.
Webpages on this Topic
Overtime Fact Sheets
Fact sheets on various overtime topics.
"When Is Overtime Due?"
Information about overtime from the elaws FLSA Advisor.
"Is Extra Pay Required For Weekend Or Night Work?"
Additional information about overtime pay from the elaws FLSA Advisor.
"When Is Double Time Due?"
Additional information about overtime pay from the elaws FLSA Advisor.
Fact Sheet on the Overtime Pay Requirements of the Fair Labor Standards Act (FLSA) (PDF)
Provides general information concerning the application of the overtime pay provisions of the FLSA.
Handy Reference Guide to the Fair Labor Standards Act
Answers many questions about the FLSA and gives information about certain occupations that are exempt from the Act.
Coverage Under the Fair Labor Standards Act (FLSA) Fact Sheet
General information about who is covered by the FLSA.