Understanding Overtime Basics: Federal Regulations and Definitions
Calculating overtime pay can be confusing, but understanding the federal regulations is crucial. The Fair Labor Standards Act (FLSA) mandates that eligible employees receive overtime pay for any hours worked over 40 in a workweek. This overtime rate is at least 1.5 times the employee's regular rate of pay. A workweek is defined as a fixed period of 168 hours, or seven consecutive 24-hour periods, which does not necessarily align with the calendar week.
Not all employees qualify for overtime pay. Exempt employees, such as those in executive or professional roles, are typically not eligible unless they earn below the federal salary threshold. As of 2026, this threshold is set at $43,888 annually, or $844 weekly, ensuring that employees earning below these figures qualify for overtime. It's important to note that the "regular rate of pay" includes the hourly wage and certain bonuses, but excludes discretionary bonuses like holiday gifts.