Overtime After 40 Hours: Federal Rule

Overtime after 40 hours is the federal rule most workers know, but the details matter: the 40-hour threshold applies to hours worked in one workweek, not to a pay period, schedule, or average across two weeks.

The 40-hour workweek rule

Under the FLSA, covered non-exempt employees generally receive overtime for hours worked over 40 in a fixed seven-day workweek. A 50-hour week followed by a 30-hour week cannot be averaged into two 40-hour weeks to avoid overtime.

What counts toward 40 hours?

• Time spent performing required job duties.
• Short rest breaks that must be treated as paid time.
• Required training, meetings, or pre-shift work.
• Remote work the employer knows or should know is being performed.

Paid vacation, sick leave, and holidays often do not count as hours worked for federal overtime unless a policy, contract, or state rule says otherwise.

States can add daily overtime

Federal law is weekly, but states can be stricter. California, Alaska, Colorado, and Nevada are common examples where daily overtime or special conditions can create overtime before an employee reaches 40 hours in the week.