Under the federal Fair Labor Standards Act (FLSA), certain employees are eligible to earn overtime if they work more than 40 hours in a week.
You qualify for overtime pay if:
- you are paid by the hour
- you are not exempt (for example, because you hold a “white collar” job), and
- you work over 40 hours in a workweek (or 8 hours in a workday in some states).
If you are eligible for overtime, you are entitled to 1-1/2 times your regular hourly rate for each overtime hour worked.
States also regulate overtime, including who qualifies and how long you must work to be eligible. Some of these state laws are more protective of workers than the FLSA.