Article — Overtime Calculator
Overtime pay: the FLSA formula, the salary trap, and where state laws override federal
- How overtime pay is calculated
- FLSA overtime rules in plain English
- Salary and overtime: the three-part exempt test
- California and other states with daily overtime
- Double time versus overtime
- Overtime pay examples at common wage rates
- The 2025 federal “No Tax on Overtime” deduction
- Unpaid overtime and how it gets recovered
Federal overtime law (the Fair Labor Standards Act, 1938) requires non-exempt employees to be paid at least 1.5× their regular rate for any hour worked beyond 40 in a single workweek. The formula is regular pay (rate × 40 hours) plus overtime pay (rate × 1.5 × overtime hours). At $20/hour for a 48-hour week the math is $800 + $240 = $1,040. The FLSA sets a federal minimum; some states require daily overtime, double time at higher thresholds, or both.
The formula is straightforward. The complexity is in the rules around who is entitled to overtime, what counts as the “regular rate” for the multiplier, and how state laws stack on top of federal ones.
How overtime pay is calculated
Overtime pay is the base hourly rate times the overtime multiplier times the overtime hours. The default multiplier is 1.5 (“time and a half”). For non-exempt hourly workers in the United States, anything over 40 hours in a workweek is overtime.
Regular pay rate × 40OT pay rate × 1.5 × (hours - 40)Total weekly pay regular + OTEffective rate total ÷ hours workedAnnual projection weekly × 52For a $20/hour worker working 48 hours: regular pay = $800, OT pay = $240, total = $1,040. The effective rate is $1,040 ÷ 48 = $21.67/hour. Over 52 weeks at the same pace, annual pay is $54,080 - a $12,480 increase over the $41,600 baseline of a straight 40-hour week.
FLSA overtime rules in plain English
The Fair Labor Standards Act sets the federal floor for overtime pay. Every state must meet at least the FLSA standard; many add stronger rules. The act has been amended dozens of times since 1938, but the core overtime provision has stayed nearly intact.
- Threshold: 40 hours per workweek (a fixed 7-consecutive-day period chosen by the employer)
- Multiplier: at least 1.5× the regular rate of pay
- Who is covered: non-exempt employees (most hourly workers; some salaried workers)
- Who is exempt: executives, administrators, professionals meeting all three FLSA tests
- Daily threshold: none at federal level (some states add one)
- Comp time in lieu of OT pay: prohibited in the private sector
- Averaging across weeks: prohibited - each week is calculated separately
The U.S. Department of Labor's Wage and Hour Division (WHD) enforces the FLSA. Workers who believe they are owed overtime can file a complaint with the WHD at no cost; the agency recovered $274 million in back wages for workers in fiscal year 2024.
Salary and overtime: the three-part exempt test
The most common myth about overtime is that salaried workers do not get it. The reality is that salary alone does not exempt anyone from FLSA overtime requirements. An employee is exempt only if they pass all three of the FLSA tests: salary basis, salary threshold, and duties.
Salary basis Fixed pay, not docked for short daysSalary threshold $684/week ($35,568/year) federalDuties test Executive, administrative, or professional workA salaried employee earning $30,000/year cannot be exempt - they fail the salary threshold. A salaried employee earning $40,000 passes the salary tests but is only exempt if their actual job duties qualify. A salaried administrative assistant with no decision authority would generally not pass the duties test even if paid $50,000.
Calling a job a “manager” or “supervisor” does not make the role exempt. The duties test looks at what the employee actually does. A “shift manager” at a fast-food restaurant who spends 90% of the day flipping burgers fails the duties test, regardless of title, and is entitled to overtime under federal law. WHD audits routinely find “misclassified” salaried workers who should have been paid OT for years; settlements often run into six figures.
California and other states with daily overtime
California is the most aggressive overtime state. The Industrial Welfare Commission orders require 1.5× pay for any hour beyond 8 in a single workday, and 2× (double time) for any hour beyond 12 in a single day. On the 7th consecutive workday in a single workweek, the first 8 hours pay 1.5× and any additional hours pay 2×.
Alaska and Nevada both require daily overtime above 8 hours under specific conditions. Alaska applies the rule to employers with 4 or more employees; Nevada applies it only if the worker earns less than 1.5× the minimum wage. Most other states follow the federal weekly-only rule.
Double time versus overtime
Overtime and double time are different premium rates. Overtime is the federal minimum at 1.5×. Double time is 2× and is required by federal law in zero cases - it appears only in state law (California, mainly) and in employer policies or collective bargaining agreements.
Many union contracts require double time for hours over 12 in a day, work on Sundays, or work on holidays. The cleaner the rule, the easier it is to enforce - some contracts specify time and a half for the first 8 hours of OT and double time after that, regardless of total weekly hours.
For workers in some industries - police, firefighters, nurses, construction trades - overtime can make up 20% to 30% of total annual pay. The NYPD published 2022 data showing several detectives earning more than $100,000 in overtime alone, on top of base salaries near $100,000. The FLSA explicitly allows public safety employers to use a 28-day work period instead of a 7-day workweek for police and firefighters, with proportionally higher overtime thresholds (171 hours for police, 212 hours for firefighters over the 28-day period).
Overtime pay examples at common wage rates
The calculator above does the math for any rate and any hour count. A quick reference for the most common combinations:
$15/hr × 45 hrs $600 reg + $112.50 OT = $712.50$20/hr × 48 hrs $800 reg + $240 OT = $1,040$25/hr × 50 hrs $1,000 reg + $375 OT = $1,375$30/hr × 55 hrs $1,200 reg + $675 OT = $1,875$40/hr × 60 hrs $1,600 reg + $1,200 OT = $2,800$50/hr × 50 hrs $2,000 reg + $750 OT = $2,750The annual impact of overtime scales linearly with hours. A worker at $20/hour gaining 5 OT hours per week earns an extra $7,800/year. The same worker gaining 10 OT hours per week earns an extra $15,600/year - a 37.5% boost over a 40-hour baseline.
The 2025 federal “No Tax on Overtime” deduction
In July 2025, the One Big Beautiful Bill Act (Public Law 119-21) created a new federal income tax deduction for qualified overtime compensation. Workers can deduct up to $12,500 of OT pay from federal taxable income ($25,000 for joint filers). A worker in the 22% federal tax bracket saves up to $2,750/year.
The OT deduction is taken when filing federal taxes the following year, not at each paycheck. Employers still withhold federal income tax on OT at the normal rate during the year. The deduction does not change Social Security (6.2%) or Medicare (1.45%) withholding - those are computed on gross OT pay. State income tax treatment varies; most states have not adopted a parallel state deduction, so OT pay remains fully taxed at the state level.
Unpaid overtime and how it gets recovered
Unpaid overtime is one of the most common federal labor law violations. The most frequent pattern is misclassification: workers paid as salaried “exempt” employees who should have been classified as non-exempt and paid OT. The second most common is “off-the-clock” work - email replies after hours, mandatory pre-shift setup, post-shift cleanup - that is never recorded as work time.
Under the FLSA, employees can recover up to 2 years of unpaid overtime (3 years if the violation was willful), plus an equal amount in liquidated damages. A worker owed $10,000 of unpaid OT may recover $20,000 (the unpaid amount doubled), plus attorney fees if the case goes to court. Class-action lawsuits against large employers for systemic misclassification have produced settlements of tens of millions of dollars; Walmart, FedEx, and Amazon have each settled multi-state OT cases for $100M or more in the past two decades.
Sources
- U.S. DOL: Overtime Pay
- U.S. DOL: FLSA Overtime Pay Fact Sheet #23
- U.S. DOL: Fact Sheet #17A - Exemption for Executive, Administrative, Professional Employees
- U.S. DOL: Earnings Thresholds for EAP Exemptions
- California DIR: Overtime FAQ
- IRS: Questions and Answers - Deduction for Qualified Overtime Compensation