The federal overtime rule
Under the Fair Labor Standards Act, non-exempt employees must be paid at least 1.5 times their regular rate for hours over 40 in a workweek (29 U.S.C. § 207). The regular rate includes most bonuses and commissions, not just the hourly wage.
What you can recover
- Unpaid overtime for up to two years before you file, or three years if the violation was willful
- Liquidated damages equal to the unpaid amount, doubling the recovery, unless the employer proves good faith
- Attorney fees and costs, paid by the employer if you win
Straight time for overtime
If you were paid your regular rate for overtime hours, you are owed the missing half-time. If those hours were not paid at all, you are owed the full time and a half. Pick the option that fits.
State law can add more
Some states require daily overtime (California, Alaska, Nevada and Colorado in some cases), set higher minimum wages, or allow longer lookbacks. Your state’s labor department can confirm.
Questions people ask
Am I exempt from overtime?
Exemption depends on your salary and actual duties, not your job title. Many workers called “managers” are not exempt.
Can my employer retaliate if I claim overtime?
Retaliation for an FLSA complaint is illegal and can lead to additional damages.