Overtime Pay

An employer who requires or permits an employee to work overtime is generally required to pay the employee premium pay for such overtime work. Employees covered by the Fair Labor Standards Act (FLSA) must receive overtime pay for hours worked in excess of 40 in a workweek of at least one and one-half times their regular rates of pay. The FLSA does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime hours are worked on such days.

The FLSA, with some exceptions, requires bonus payments to be included as part of an employee's regular rate of pay in computing overtime.

Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative). The FLSA does not require extra pay for weekend or night work or double time pay.

Webpages on this Topic

Overtime Website
The federal overtime provisions are contained in the Fair Labor Standards Act. The overtime site contains helpful guidance materials, fact sheets, and e-tools and presentations that address overtime pay requirements.

Fact Sheets
Consult these fact sheets for specific information about overtime pay for certain exempt employees and in your occupation.

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.

"When Is Overtime Due?"
Information about overtime.

"Is Extra Pay Required For Weekend Or Night Work?"
Additional information about overtime pay.

"When Is Double Time Due?"
Additional information about overtime pay.

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.