Wage and Hour Division (WHD)
The federal overtime provisions are contained in the Fair Labor Standards Act (FLSA). Unless exempt, employees covered by the Act must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, unless overtime is worked on such days.
The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours — seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. Different workweeks may be established for different employees or groups of employees. Averaging of hours over two or more weeks is not permitted. Normally, overtime pay earned in a particular workweek must be paid on the regular pay day for the pay period in which the wages were earned.
On March 28, 2019 the Department of Labor announced a proposed rule to amend 29 CFR part 778 to clarify and update regular rate requirements under section 7(e) of the Fair Labor Standards Act (FLSA). The FLSA generally requires overtime pay of at least one and one-half times the regular rate of pay for hours worked in excess of 40 hours per workweek. The regular rate therefore determines how much nonexempt employees covered by the FLSA receive in overtime pay. For more information, please visit www.dol.gov/whd/overtime/regularrate2019.htm.
On March 7, 2019 the Department of Labor announced a proposed rule that would make more than a million more American workers eligible for overtime. For more information, please visit www.dol.gov/whd/overtime2019.
On August 27, 2018, the Department of Labor’s Wage and Hour Division announced that it will hold listening sessions for members of the public interested in changes to the regulation known as the “Overtime Rule.” For more information and to register, visit Overtime Rule Listening Sessions.
On July 26, 2017 the Department of Labor published a Request for Information (RFI), Defining and Delimiting the Exemptions for Executive, Administrative, Professional, Outside Sales and Computer Employees. For more information, please visit http://www.dol.gov/whd/overtime/rfi2016.htm