Overtime

Workers

You have certain wage rights.

Unless specifically exempt, you have the right under federal law to receive overtime pay, or not less than 1.5 times your regular rate of pay, after 40 hours of work in a seven-day workweek.

You have the right to be paid for all hours you work in a workweek. In general, “hours worked” includes all time an employee must be on duty, or at the place of work. Normally, time spent in training, traveling from site to site during the day, and doing repair work must be paid.

Most employees have the right to be paid at least the federal minimum wage ($7.25) for all hours worked regardless of whether you are paid by the hour, the day, or at a piece rate. Some state laws and local laws provide greater employee protections; employees are entitled to the highest of the local, state, or federal minimum wage that applies to them.

A different, higher minimum wage may apply for work performed on or in connection with certain federal construction and service contracts. If you perform work on or in connection with certain federal contracts entered into before January 30, 2022, you must be paid at least a minimum wage of $11.25 per hour. If you are a tipped employee who performs work on or in connection with such a federal contract, you must be paid a minimum of $7.90 per hour. If you perform work on or in connection with certain federal contracts that are entered into, renewed, or extended on or after January 30, 2022, you generally must be paid at least a $15.00 minimum wage.

Unless exempt, you have a right to be paid the minimum wage and overtime for hours that you’ve already worked regardless of your immigration status.

Learn about filing a complaint with the Wage & Hour Division

Additional resources

 


Employers

You have the responsibility to compensate your employees properly.

Unless specifically exempt, employers must pay their employees overtime pay of not less than 1.5 times the employees’ regular rate of pay after 40 hours of work in a seven-day workweek.

You must pay employees for all hours worked in a workweek. In general, “hours worked” includes all time an employee must be on duty, or at the place of work. Normally, time spent in training, traveling from site to site during the day, and doing repair work must be paid. 

Employees generally have the right to be paid at least the federal minimum wage ($7.25) for all hours worked regardless of whether they are paid by the hour, the day, or at a piece rate. Some state laws and local laws provide greater employee protections; employees are entitled to the highest of the local, state, or federal minimum wage that applies to them.  

Unless exempt, employees have a right to be paid the minimum wage and overtime regardless of their immigration status.

Learn about Wage & Hour Division

 

Additional resources

 


Questions? We’re here to help

We are committed to helping you understand. Many questions may be answered by using the following elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors:

Fair Labor Standards Act (FLSA) Coverage and Employment Status Advisor

Fair Labor Standards Act (FLSA) Hours Worked Advisor

Fair Labor Standards Act (FLSA) Overtime Calculator Advisor

Fair Labor Standards Act (FLSA) Overtime Security Advisor

For additional assistance, please contact:

The Wage and Hour Division of the U.S. Department of Labor: 1-866-4-US-WAGE (1-866-487-9243)

Your state Labor Office

All discussions with us, including complaints, are free and confidential. Your name and the nature of the complaint will not be disclosed to your employer. The only time we would share such information is when necessary to pursue an allegation, and we would only do so then with your permission, or if required by a court.

 


Need more information?

The elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors are a set of online tools developed by the U.S. Department of Labor to help employees and employers understand their rights and responsibilities under federal employment laws.