Federal FLSA Overtime Hub • 2026 Updated

US National Overtime Calculator

Calculate your statutory 1.5× overtime pay under the Fair Labor Standards Act (FLSA), see your full gross earnings, and estimate your exact net take-home pay after Federal income tax and FICA (7.65%).

40hFederal Weekly Threshold
1.5×Statutory Overtime Multiplier
7.65%FICA (Social Security + Medicare)
51US Jurisdictions Indexed
FLSA 40-Hour Calculator

Calculate Your Overtime & Take-Home Pay

$
Workweek Presets
Hours Worked by Day (7-Day Workweek)
Total: 46.0 hrs⚡ 6.0 hrs Overtime
Weekday
Weekday
Weekday
Weekday
Weekday
Weekend
Weekend
Signature Output • Estimated Net Take-Home PayPer Bi-Weekly Paycheck
$2,305.52
Weekly equivalent: $1,152.76 / week in your pocket
Regular Pay (1.0×)
$1,200.00
40.0 hrs @ $30.00/hr
Overtime Pay (1.5×)
$270.00
6.0 hrs @ $45.00/hr
Gross Earnings
$1,470.00
Weekly gross (before tax)
Estimated Federal Tax
-$147.00
IRS withholding (~10.0%)
FICA Tax (7.65%)
-$112.46
Social Security (6.2%) + Medicare (1.45%)
Total Taxes Withheld
-$259.46
17.65% effective tax rate
OBBBA §225 Federal Overtime Slice

Under the 2025–2028 federal law, your estimated tax-deductible overtime premium slice is$90.00 this week (claimed on Form 1040 at tax filing). FICA and payroll withholdings apply normally at payroll time.

Estimates only — not tax advice. Actual take-home pay varies with personal Form W-4 deductions, state and local taxes, and pre-tax benefit contributions.

How US Overtime Pay Works Under Federal FLSA Law

The foundation of American overtime pay is the federal Fair Labor Standards Act of 1938 (FLSA), codified at 29 U.S.C. § 207. Under federal law, covered non-exempt employees must receive overtime compensation for all hours worked in excess of 40 hours in a defined 7-consecutive-day workweek at a statutory rate of not less than one and one-half times (1.5×) their regular hourly rate.

The FLSA 40-Hour Rule

The FLSA operates strictly on a weekly basis. An employer cannot average hours over two or more weeks, even if employees are paid on a bi-weekly or semi-monthly schedule. For example, if you work 48 hours in week one and 32 hours in week two of a bi-weekly pay period, you are owed 8 hours of overtime pay for the first week, regardless of the fact that your two-week total equals 80 hours. Furthermore, federal law contains no statutory cap on how many hours an employer may schedule, and it does not mandate overtime pay simply because an employee works on Saturdays, Sundays, or federal holidays, unless those hours push the workweek total beyond 40.

Understanding the "Regular Rate"

Overtime is calculated on the employee's regular rate of pay, not merely their base hourly rate. Under Department of Labor regulations (29 CFR Part 778), the regular rate includes all remuneration paid for employment, such as shift differentials, non-discretionary production bonuses, attendance awards, and commissions. These earnings are divided by total hours worked in the week to determine the true hourly rate. True gifts, expense reimbursements, discretionary bonuses, and paid time off (vacation, sick leave, jury duty) are excluded from the regular rate calculation.

Why State Rules Can Pay You Significantly More

Under Section 18(a) of the FLSA (29 U.S.C. § 218(a)), federal labor standards establish a nationwide floor, not a ceiling. Individual states possess full legal authority to enact more protective labor statutes. When state and federal laws conflict, employers must obey the standard that is most beneficial to the employee.

While 47 states follow the standard 40-hour weekly rule, four states mandate daily overtime regardless of weekly hour totals:

Official Primary Source Citation:For federal wage rulings and statutory overtime guidelines, review the officialU.S. Department of Labor Wage and Hour Division (WHD) Overtime Guidance ↗.

Worked Overtime Examples (With Take-Home Pay)

Real math showing how gross overtime converts to take-home paycheck earnings.

Example 1

46 Hours at $25.00/Hour

Standard hourly employee with 6 hours of weekly overtime.

  • Regular Pay: 40 hrs × $25.00 = $1,000.00
  • Overtime Pay: 6 hrs × $37.50 (1.5×) = $225.00
  • Total Gross: $1,225.00
  • FICA (7.65%): -$93.71
  • Est. Federal Tax (~10%): -$122.50
  • Net Take-Home: $1,008.79 / week
Example 2

50 Hours at $32.00/Hour

Five 10-hour shifts on a bi-weekly paycheck schedule.

  • Regular Pay: 40 hrs × $32.00 = $1,280.00
  • Overtime Pay: 10 hrs × $48.00 (1.5×) = $480.00
  • Weekly Gross: $1,760.00
  • Bi-Weekly Gross: $3,520.00
  • Bi-Weekly FICA: -$269.28
  • Bi-Weekly Take-Home: ~$2,763.52
Example 3

Federal vs. California Daily OT

Working four 12-hour shifts (48 hours total).

  • Federal FLSA: 40 regular hrs + 8 overtime hrs = 8 premium hours total.
  • California (§510): 4 hrs daily OT per shift × 4 shifts = 16 overtime hours.
  • Difference: California law awards 8 additional overtime hours ($360+ extra gross).
  • Take-Home Boost: ~$275.00 more in pocket
51 Jurisdictions

Complete 51-State Overtime Directory

Overtime regulations differ by state. Browse all 50 states plus Washington, D.C. for local overtime thresholds, daily rules, and state income tax withholding rates.

AlabamaAL

Standard FLSA: 1.5× after 40 hours per workweek. No daily overtime.

AlaskaAK

Daily overtime: 1.5× after 8 hours per day OR 40 hours per workweek.

ArizonaAZ

Standard FLSA: 1.5× after 40 hours per workweek. No daily overtime.

ArkansasAR

Standard FLSA: 1.5× after 40 hours per workweek. No daily overtime.

CaliforniaCA

1.5× after 8h/day up to 12h & first 8h on 7th day; 2.0× double time after 12h/day & after 8h on 7th day.

ColoradoCO

Daily overtime: 1.5× after 12 hours per day, 12 consecutive hours, or 40 hours per workweek.

ConnecticutCT

Standard FLSA: 1.5× after 40 hours per workweek. Certain restaurant exemptions apply.

DelawareDE

Standard FLSA: 1.5× after 40 hours per workweek. No daily overtime.

District of ColumbiaDC

Standard FLSA: 1.5× after 40 hours per workweek. High local minimum wage protections.

FloridaFL

Standard FLSA: 1.5× after 40 hours per workweek. No state overtime statutes.

GeorgiaGA

Standard FLSA: 1.5× after 40 hours per workweek. Relies on federal FLSA enforcement.

HawaiiHI

Standard FLSA: 1.5× after 40 hours per workweek. (Agriculture has 48h seasonal threshold).

IdahoID

Standard FLSA: 1.5× after 40 hours per workweek. No daily overtime.

IllinoisIL

Standard FLSA: 1.5× after 40 hours per workweek under Illinois Minimum Wage Law.

IndianaIN

Standard FLSA: 1.5× after 40 hours per workweek. County local income taxes apply.

IowaIA

Standard FLSA: 1.5× after 40 hours per workweek. No daily overtime.

KansasKS

State rule 1.5× after 46 hours for non-FLSA covered; FLSA covers almost all workers at 40h.

KentuckyKY

Standard FLSA: 1.5× after 40 hours per workweek; 7th consecutive day overtime rule applies.

LouisianaLA

Standard FLSA: 1.5× after 40 hours per workweek. Governed entirely by federal law.

MaineME

Standard FLSA: 1.5× after 40 hours per workweek. Mandatory overtime limits apply.

MarylandMD

Standard FLSA: 1.5× after 40 hours per workweek under Maryland Wage and Hour Law.

MassachusettsMA

Standard FLSA: 1.5× after 40 hours per workweek. Specific exemptions for certain retail roles.

MichiganMI

Standard FLSA: 1.5× after 40 hours per workweek under Workforce Opportunity Wage Act.

MinnesotaMN

State standard is 48 hours, but federal FLSA mandates 1.5× after 40 hours for covered employers.

MississippiMS

Standard FLSA: 1.5× after 40 hours per workweek. Relies entirely on federal FLSA.

MissouriMO

Standard FLSA: 1.5× after 40 hours per workweek. (Seasonal amusement exemptions exist).

MontanaMT

Standard FLSA: 1.5× after 40 hours per workweek under Montana Labor Standards.

NebraskaNE

Standard FLSA: 1.5× after 40 hours per workweek. Enforced primarily under federal law.

NevadaNV

Daily overtime: 1.5× after 8h/day IF earning less than 1.5× NV minimum wage ($18/hr). Otherwise 40h/wk.

New HampshireNH

Standard FLSA: 1.5× after 40 hours per workweek under NH Revised Statutes.

New JerseyNJ

Standard FLSA: 1.5× after 40 hours per workweek under NJ Wage and Hour Law.

New MexicoNM

Standard FLSA: 1.5× after 40 hours per workweek under New Mexico Statutes.

New YorkNY

Standard FLSA: 1.5× after 40 hours per workweek; spread of hours pay (1 additional hour) applies for >10h spans.

North CarolinaNC

Standard FLSA: 1.5× after 40 hours per workweek under NC Wage and Hour Act.

North DakotaND

Standard FLSA: 1.5× after 40 hours per workweek under ND Administrative Code.

OhioOH

Standard FLSA: 1.5× after 40 hours per workweek under Ohio Constitution & Revised Code.

OklahomaOK

Standard FLSA: 1.5× after 40 hours per workweek. Relies on federal FLSA enforcement.

OregonOR

Standard FLSA: 1.5× after 40 hours per workweek. (Special daily overtime applies for manufacturing/mills).

PennsylvaniaPA

Standard FLSA: 1.5× after 40 hours per workweek under PA Minimum Wage Act.

Rhode IslandRI

Standard FLSA: 1.5× after 40 hours per workweek; 1.5× premium for Sunday/holiday work in retail.

South CarolinaSC

Standard FLSA: 1.5× after 40 hours per workweek. Relies entirely on federal FLSA.

South DakotaSD

Standard FLSA: 1.5× after 40 hours per workweek under federal Fair Labor Standards Act.

TennesseeTN

Standard FLSA: 1.5× after 40 hours per workweek. No state overtime laws.

TexasTX

Standard FLSA: 1.5× after 40 hours per workweek under Texas Labor Code § 62.051.

UtahUT

Standard FLSA: 1.5× after 40 hours per workweek. No daily overtime.

VermontVT

Standard FLSA: 1.5× after 40 hours per workweek under 21 V.S.A. § 384.

VirginiaVA

Virginia Overtime Wage Act: 1.5× after 40 hours per workweek with strict remedies.

WashingtonWA

Standard FLSA: 1.5× after 40 hours per workweek under Washington Minimum Wage Act.

West VirginiaWV

Standard FLSA: 1.5× after 40 hours per workweek for covered employers.

WisconsinWI

Standard FLSA: 1.5× after 40 hours per workweek under Wisconsin Administrative Code.

WyomingWY

Standard FLSA: 1.5× after 40 hours per workweek. Relies on federal FLSA.

Got Questions?

Frequently Asked Questions About US Overtime

Common legal and payroll questions answered in plain English.

How is overtime pay calculated under federal FLSA law?

Under the federal Fair Labor Standards Act (FLSA), covered non-exempt employees must receive overtime pay for all hours worked over 40 in a single workweek at a rate not less than one and one-half times (1.5×) their regular rate of pay. Federal law does not limit the number of hours an employee may work in a day or week, nor does it require overtime for work on weekends or holidays unless those hours push total weekly hours past 40.

What is included in my 'regular rate of pay' when calculating overtime?

Your regular rate is not always just your base hourly wage. Under 29 U.S.C. § 207(e), it includes all remuneration paid to or on behalf of the employee, such as shift differentials, non-discretionary bonuses, attendance bonuses, hazard pay, and sales commissions, divided by total hours worked in the workweek. However, discretionary gifts, expense reimbursements, paid time off (PTO), and statutory premium pay are excluded.

Does federal law require daily overtime after 8 hours of work?

No. Federal FLSA rules only mandate overtime after 40 hours in a defined 7-day workweek. However, four states provide greater statutory protections with daily overtime requirements: California (1.5× after 8 hours and 2.0× double time after 12 hours), Alaska (1.5× after 8 hours), Colorado (1.5× after 12 hours), and Nevada (1.5× after 8 hours for workers earning under 1.5× minimum wage). Employers in those states must obey the more generous daily rules.

Can an employer force employees to work mandatory overtime?

Yes. In most states and under federal law, an employer has the legal right to require mandatory overtime, assign extra shifts, or discipline/terminate an employee who refuses overtime, provided the worker is properly compensated at 1.5× their regular rate and the hours do not violate specific industry safety regulations (such as commercial driver hours-of-service or nurse mandatory overtime limits).

Is overtime pay taxed at a higher rate than regular pay?

Overtime pay is taxed as ordinary income at the exact same marginal tax rates as regular pay. However, because payroll withholding algorithms annualize your gross earnings for that specific paycheck, a large overtime check may temporarily push that paycheck into a higher withholding bracket. Any excess withheld is reconciled and refunded when you file your annual federal tax return. Under the 2025–2028 OBBBA §225 law, qualified overtime premiums may also be eligible for a dedicated federal tax deduction.

Are salaried workers entitled to overtime pay under FLSA?

Salaried employees are only exempt from overtime if they satisfy both the salary basis test (earning at least the federal statutory threshold of $684/week or $35,568/year, or higher state thresholds such as California's $70,304/year) and the statutory duties test (executive, administrative, or professional duties). Salaried workers who do not meet both criteria are classified as salaried non-exempt and must receive 1.5× overtime pay for hours over 40.