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What are the rules and calculations for overtime pay?

Financial Toolset Team4 min read

Overtime pay is required for non-exempt employees who work over 40 hours in a workweek, at a rate of one and a half times their regular pay. This rule is mandated by the Fair Labor Standards Act (F...

What are the rules and calculations for overtime pay?

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Understanding Overtime Pay: Rules, Calculations, and Recent Updates

Navigating the complexities of overtime pay can be daunting for both employers and employees. With evolving regulations and varying state laws, understanding the rules and calculations for overtime pay is crucial. This article provides a comprehensive guide to help you understand how overtime pay works, including recent updates effective in 2025, practical examples, and common pitfalls to avoid.

What is Overtime Pay?

Overtime pay is additional compensation required for non-exempt employees who work more than 40 hours in a workweek. The Fair Labor Standards Act (FLSA) mandates that these employees receive at least one and a half times their regular pay rate for every hour over 40. Here's a breakdown of the key elements:

  • Federal Requirement: Under the FLSA, overtime is calculated at 1.5 times the regular hourly rate for hours worked beyond 40 in a workweek.
  • Regular Hourly Rate: For hourly employees, this is straightforward—their hourly wage. For salaried employees, divide the weekly salary by 40 to determine the hourly rate.
  • Recent Updates: As of January 1, 2025, the salary threshold for exempt employees increases to $1,128 per week ($58,656 annually), expanding overtime eligibility.

How to Calculate Overtime Pay

Calculating overtime pay involves understanding your regular rate and applying the appropriate multiplier. Here's a simple formula:

Overtime Pay Calculation: [ \text{Overtime Pay} = (\text{Regular Hourly Rate} \times 1.5) \times \text{Overtime Hours} ]

For salaried employees, calculate the regular hourly rate by dividing the weekly salary by 40. Apply the 1.5 multiplier only to the hours worked beyond 40.

Example Calculation

Let's say Maria earns $20 per hour. If she works 50 hours in a week, her overtime pay would be calculated as follows:

  • Regular Hours: 40 hours (\times) $20/hour = $800
  • Overtime Hours: 10 hours (\times) $30/hour = $300 (since $20 (\times) 1.5 = $30)

Total weekly pay = $800 + $300 = $1,100

Recent Tax Benefits for Overtime Pay

In a bid to ease the tax burden on overtime workers, the IRS introduced a new tax deduction effective for tax years 2025 through 2028. Key points include:

Common Mistakes and Considerations

Understanding overtime regulations can prevent costly mistakes. Here are some common pitfalls:

  • Misclassification: Ensure employees are correctly classified as exempt or non-exempt to avoid legal issues.
  • State Laws: Some states have different overtime rules, such as daily overtime or different thresholds. Always comply with the stricter of state or federal laws.
  • Accurate Timekeeping: Employers must maintain precise records of hours worked to determine overtime eligibility correctly.
  • Complex Pay Structures: Pay involving bonuses, multiple rates, or piecework can complicate calculations. Ensure compliance with FLSA guidelines.

Bottom Line

Overtime pay is a critical component of fair compensation, governed by both federal and state laws. As of 2025, changes in the salary threshold and new tax deductions provide additional considerations for employers and employees alike. Accurate calculation and understanding of these rules ensure compliance and maximize benefits. Always stay informed about both federal and state regulations to avoid potential pitfalls and ensure fair treatment of employees.

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Overtime pay is required for non-exempt employees who work over 40 hours in a workweek, at a rate of one and a half times their regular pay. This rule is mandated by the Fair Labor Standards Act (F...