United States · Fair Labor Standards Act
Federal overtime still starts at 40 — and nowhere earlier
29 U.S.C. § 207 is the floor most of the country still stands on. One and one-half times the regular rate for hours over 40 in a workweek. Not after eight. Not after twelve. Not on the seventh day. Not because the first punch and the last punch were eleven hours apart. If a state daily rule applies to the job, use that state’s page instead; this one exists so a weekly-only jurisdiction is not silently given California math.
What a 45-hour week looks like when the day does not matter
Load five 9-hour days at $20. Hours worked are 45. The first 40 stay regular ($800). The last 5 are overtime at $30 ($150). Total $950. The same punches on the California page would have already marked five daily overtime hours before the week was totaled, and the weekly conversion would have nothing left to do. That difference is the whole point of keeping a federal page.
Unpaid lunch is not a federal hour. Clock 08:00–17:30 with 30 minutes of lunch and you have 9 hours worked, not 9.5. Punch out at noon and back at 12:30 as a second shift and the gap is already unpaid — leave the lunch box at 0 so you do not deduct twice.
The regular rate in the statute is broader than a typed hourly figure (nondiscretionary bonuses, some commissions). This page does not compute that. Exemptions in § 213 are not applied. If the person is exempt, the ticket is the wrong tool.
In scope
- 1.5× after 40 hours worked in the workweek
- Punch-in/out, multiple shifts, unpaid lunch
- Entered hourly rate treated as the regular rate
Out of scope
- Daily overtime and double time (not in the FLSA)
- Spread-of-hours and meal premiums (state law)
- Regular-rate inclusions (bonuses, commissions)
- 29 U.S.C. § 213 exemptions
FAQ
When does FLSA overtime start?
29 U.S.C. § 207 requires overtime compensation at not less than one and one-half times the regular rate for hours worked over 40 in a workweek. A workweek is seven consecutive 24-hour periods. Five 9-hour days are 40 regular plus 5 overtime, even though no single day is “overtime” under federal law.
Does the FLSA require daily overtime or double time?
No. There is no federal daily overtime after 8 hours and no federal double-time rate after 12. If you need those, use the California, Nevada, or Alaska calculators. If you need spread-of-hours, use the New York hospitality calculator.
Does unpaid lunch count toward the 40?
Bona fide unpaid meal periods are not hours worked. Enter lunch minutes (or punch out and back in as a second shift). Only hours worked feed the 40-hour count.
What about the regular rate and exemptions?
The hourly figure you type is treated as the regular rate. Nondiscretionary bonuses, commissions, and the white-collar and other exemptions in 29 U.S.C. § 213 are out of scope.
