Legal Definitions - overtime

Overtime refers to the extra hours an employee works beyond their standard workday or workweek. According to the Fair Labor Standards Act, employers are required to pay their employees extra wages, usually 1 1/2 times their regular hourly rate, for each hour worked in excess of 40 hours per week. This applies to non-salaried employees.

• John works at a factory and is paid $15 per hour. He works 50 hours in a week. His employer must pay him overtime for the 10 extra hours he worked, which is $22.50 per hour ($15 x 1.5).
• Mary is a salaried employee and works 45 hours in a week. She is not eligible for overtime pay because she is not a non-salaried employee.

The examples illustrate that overtime is the extra hours an employee works beyond their standard workday or workweek, and that non-salaried employees are eligible for overtime pay.