How weekly overtime works
Federal law sets the floor everywhere: a non-exempt employee earns at least 1.5 times the regular rate for every hour over 40 in a workweek. The workweek is a fixed run of seven consecutive days that your employer chooses, and each week is counted on its own.
The example week above has 44 hours. Under federal rules that is 40 regular hours and 4 hours of overtime, for $920.00 at $20.00 an hour. Switch the calculator to California and the 12-hour Monday and 10-hour Tuesday earn daily overtime, so the same week becomes 6 overtime hours and $940.00.
When a state rule and the federal rule both apply, you get whichever pays more for each hour, never both. Hours already paid as daily overtime are not counted again toward the weekly 40.
State rules the calculator applies
Most states either follow the federal 40-hour rule or have no overtime law of their own. These are the rules that pay more for a typical adult employee and that the calculator applies when you pick the state.
| State | Rule | Source |
|---|---|---|
| California | Over 8 hours in a workday at 1.5×; over 12 at 2×. Seventh consecutive day: first 8 hours at 1.5×, beyond 8 at 2×. | Cal. Lab. Code § 510 |
| Alaska | Over 8 hours in a workday at 1.5×, at employers with four or more employees. | Alaska Stat. § 23.10.060 |
| Nevada | Over 8 hours in a 24-hour workday at 1.5×, for employees paid under $18.00 an hour. | Nev. Rev. Stat. § 608.018 |
| Colorado | Over 12 hours in a workday or 12 consecutive hours at 1.5×. | 7 CCR 1103-1 (COMPS Order #40), Rule 4.1.1 |
| Kentucky | All hours on the seventh day at 1.5× when all seven days are worked, in weeks over 40 hours. | Ky. Rev. Stat. §§ 337.285, 337.050 |
| Oregon | Mills, factories and manufacturing: over 10 hours in a day at 1.5×. Offered as a separate choice. | Or. Admin. R. 839-020-0030; Or. Rev. Stat. §§ 653.261, 652.020 |
Every other state’s rule, with its source, is on overtime laws by state.
Bonuses and the regular rate
Overtime is based on the regular rate, which includes nondiscretionary bonuses and commissions earned in the week. Add a bonus in the calculator and it is spread over every hour worked, raising the rate your overtime is paid at. An $80 attendance bonus in a 44-hour week at $18.00 an hour lifts the regular rate to $19.8182. The 4 overtime hours then earn $3.64 more than they would without the bonus, and the week pays $911.64 in all.
Salaried non-exempt pay
If you are paid a salary but are not exempt, your regular rate is the weekly salary divided by the hours it is meant to cover. Pick A weekly salary, enter the salary and those hours, and the calculator pays straight time for any hours between that figure and 40, then overtime beyond 40.
Overtime and the federal deduction
For tax years 2025 through 2028, the premium part of overtime the FLSA requires (the extra half on hours over 40) can be deducted from federal taxable income. Daily overtime that only a state requires does not count. The result above shows that federal premium for the week; the overtime deduction calculator turns a year of it into a deduction.
Questions people ask
Is overtime calculated daily or weekly?
Weekly under federal law: hours over 40 in a workweek. A few states add a daily rule. California pays overtime after 8 hours in a day, Alaska after 8 at larger employers, Nevada after 8 for lower-paid workers and Colorado after 12.
How much overtime do I get for a 50-hour week?
Ten hours at time and a half under federal rules. At $20.00 an hour that is 40 × $20.00 plus 10 × $30.00, or $1,100.00 for the week.
Do paid holidays or PTO count toward the 40 hours?
Not under federal law, which counts hours actually worked. A paid holiday or vacation day does not push the week over 40 unless your employer’s policy or a union contract says it does.
Can my employer average two weeks together?
No. Each workweek stands alone, even when two weeks share a paycheck. Thirty hours in one week and fifty in the next means ten hours of overtime in the second week.
Does a bonus change my overtime pay?
Yes, if it is nondiscretionary, such as a production, attendance or sales bonus. It is added to your straight-time pay and divided by all hours worked, which raises the regular rate your overtime is based on.
Who is not entitled to overtime?
Employees who meet an exemption, most commonly executive, administrative and professional employees paid a salary of at least $684 a week who also meet the duties test. Some jobs, such as certain agricultural and transportation work, have their own exemptions.
Sources
- U.S. Department of Labor, Fact Sheet #23: Overtime Pay Requirements of the FLSA (opens in a new tab)
- 29 U.S.C. § 207, Maximum hours (FLSA section 7) (opens in a new tab)
- 29 CFR § 778.105, Determining the workweek (opens in a new tab)
- 29 CFR § 778.113, Salaried employees, general (opens in a new tab)
- 29 CFR §§ 778.208–778.209, Inclusion of bonuses in the regular rate (opens in a new tab)
- California: Cal. Lab. Code § 510 (opens in a new tab)
- Alaska: Alaska Stat. § 23.10.060 (opens in a new tab)
- Nevada: Nev. Rev. Stat. § 608.018 (opens in a new tab)
- Colorado: 7 CCR 1103-1 (COMPS Order #40), Rule 4.1.1 (opens in a new tab)
- Kentucky: Ky. Rev. Stat. §§ 337.285, 337.050 (opens in a new tab)
- Oregon: Or. Admin. R. 839-020-0030; Or. Rev. Stat. §§ 653.261, 652.020 (opens in a new tab)