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How Overtime Pay Works: Time and a Half Explained

When you're owed extra pay, how time-and-a-half is calculated, who is and isn't eligible, and the common myths — including whether overtime is 'taxed more.'

The 40-hour rule

Under the U.S. Fair Labor Standards Act, non-exempt employees must be paid at least 1.5 times their regular hourly rate for hours worked beyond 40 in a single workweek. That multiplier is where 'time and a half' comes from.

The federal rule is based on the week, not the day: working 12 hours one day doesn't trigger overtime unless your weekly total passes 40. Some states add their own daily overtime rules (California, for example, pays overtime after 8 hours in a day), so state law can be more generous than federal.

Calculating what you're owed

The math is straightforward once you separate regular hours from overtime hours.

  1. 1Total your hours for the workweek.
  2. 2The first 40 hours are paid at your regular rate.
  3. 3Any hours above 40 are paid at 1.5 times your regular rate.
  4. 4Multiply overtime hours by (rate x 1.5) and add to your regular pay.
  5. 5If your state has daily overtime or double-time rules, apply those too.

Who doesn't get overtime

Not everyone qualifies. 'Exempt' employees — typically salaried workers above a set threshold in executive, administrative, or professional roles — are not entitled to overtime under federal law. Job title alone doesn't decide it; the duties and salary level do.

Being paid a salary does not automatically make you exempt. Many salaried workers below the threshold are still owed overtime, which is a frequently misunderstood and frequently violated rule.

Frequently asked questions

Is overtime taxed at a higher rate?

No — this is a persistent myth. Overtime dollars are taxed exactly like regular dollars. It can look like more was taken out because a big one-time paycheck may push that check into a higher withholding tier, but your actual tax rate on the income is unchanged and any over-withholding comes back at tax time.

Is overtime based on an 8-hour day or a 40-hour week?

Federally, it's the 40-hour week — you can work more than 8 hours in a day without overtime as long as the weekly total stays at or below 40. Some states add daily overtime rules on top, so check your state.

What is double time?

Double time is twice your regular rate. It isn't required by federal law but may apply under state law or a union or employment contract — for example, for hours beyond a daily limit or for certain holidays.

Tools mentioned in this guide

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