Employment Law · Haute Lawyer Network
Am I Entitled to Overtime Pay?
Last reviewed: June 2026
The Fair Labor Standards Act (FLSA) requires most employers to pay eligible employees 1.5 times their regular rate of pay for all hours worked over 40 in a single workweek. Overtime is calculated on a weekly basis — not daily, not biweekly.
Employees who are covered by overtime protections are called "non-exempt" employees. Employees who are not entitled to overtime are called "exempt."
To be exempt from overtime under the FLSA's most common exemptions — the white-collar exemptions for executive, administrative, and professional employees — the employee must be paid on a salary basis of at least $684 per week (as of 2024, subject to change) AND their primary duty must meet the specific requirements for the applicable exemption.
Salary alone is not enough to create an exemption — the duties test must also be satisfied.
Frequently Asked Questions
My employer says I am salaried and therefore not entitled to overtime. Is that right?
Not necessarily. Salary alone does not determine overtime eligibility. The employee must also satisfy the duties test for one of the recognized exemptions. Many employees who are paid salary are wrongly classified as exempt and are actually entitled to overtime.
What is the regular rate of pay for overtime calculation?
The regular rate includes the employee's hourly rate plus non-discretionary bonuses, shift differentials, and other compensation included in the base pay calculation. It excludes genuinely discretionary bonuses and certain other payments.
What is the fluctuating workweek method?
A method some employers use to calculate overtime for salaried non-exempt employees — paying a fixed salary for all hours worked in a week, then paying half-time (rather than 1.5 times) for overtime hours. Courts have divided on the propriety of this method.
Can my employer require me to work overtime without paying for it?
Only if you are properly classified as exempt from overtime. Non-exempt employees must be paid for all hours worked — including unauthorized overtime that the employer knew or should have known about.
What is the statute of limitations for unpaid overtime claims?
Two years under the FLSA for non-willful violations and three years for willful violations. State overtime statutes may have longer limitations periods.
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