FLSA — the federal overtime baseline
Fair Labor Standards Act sets the federal floor: 1.5× regular rate for hours over 40 in a workweek.
A "workweek" is any 7 consecutive 24-hour periods — most employers use Mon–Sun.
States can add stronger rules (CA, NY) but never weaker. Federal is the floor.
California — the strictest state
Daily OT: 1.5× for hours over 8 in a day.
Double-time: 2× for hours over 12 in a day, or hours 9+ on the 7th consecutive workday.
Weekly OT: 1.5× for hours over 40, even if you didn't cross the daily threshold.
You get the highest applicable rate — but only once (no stacking).
The exempt/non-exempt distinction
Job title is irrelevant.
Three tests must all be met for exempt status: (1) salary basis (paid a fixed amount each week regardless of hours), (2) salary level (above the federal threshold), (3) duties test (executive, administrative, professional, computer, or outside sales).
If any fails: non-exempt → entitled to overtime.
The "overtime is taxed higher" myth
Overtime is taxed at the same marginal rate as regular pay.
Withholding can look brutal because tables assume the big paycheck repeats — but the year-end tax is identical to the same dollars from regular pay.
You'll see the excess withholding back as a refund (or it offsets other tax owed). The take-home % across a year is the same.
Common overtime mistakes
- Not including non-discretionary bonuses in regular rate.
- Stacking daily and weekly OT in CA (you get the higher, not both).
- Treating salaried as automatically exempt without checking duties.
- Combining hours across multiple employers for OT calc (they're separate).
- Accepting comp time in lieu of OT in the private sector.