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FLSA Overtime Calculator Advisor for Nonexempt Employees

Alert: The Wage and Hour Division is providing information on common issues employers and workers face when responding to COVID-19, including the effects on wages and hours worked under the Fair Labor Standards Act and job-protected leave under the Family and Medical Leave Act.

Note: The Department of Labor revised the regulations located at 29 C.F.R. part 541 with an effective date of January 1, 2020. WHD will continue to enforce the 2004 part 541 regulations through December 31, 2019, including the $455 per week standard salary level and $100,000 annual compensation level for Highly Compensated Employees. The final rule is available at: https://www.federalregister.gov/documents/2019/09/27/2019-20353/defining-and-delimiting-the-exemptions-for-executive-administrative-professional-outside-sales-and.

This Advisor has been updated to reflect the changes that went into effect January 1, 2020.


The Fair Labor Standards Act (FLSA) Overtime Calculator Advisor provides employers and employees with the information they need to understand Federal overtime requirements. The FLSA requires that covered, nonexempt employees in the United States be paid at least the Federal minimum wage for all hours worked and receive overtime pay at one and one-half times the employee's regular rate of pay for all hours worked over 40 in a workweek. The regular rate is calculated by dividing the total pay for employment (except for the statutory exclusions) in any workweek by the total number of hours actually worked to determine the regular rate.

“Covered” means an employee is protected by the FLSA. “Nonexempt” means that the covered employee is entitled to the law’s minimum wage and/or overtime requirements.” FLSA overtime pay is due on the regular pay day for the period in which the overtime was worked. The overtime pay requirement may not be waived by agreement between the employer and the employee. The overtime pay requirement cannot be met through the use of compensatory time off (comp time) except under special circumstances applicable only to state and local government employees.

The FLSA contains a number of exemptions from its minimum wage and/or overtime pay requirements. An employee who is exempt from the overtime pay requirements is not entitled to receive FLSA overtime pay. Therefore, we recommend you review a list of common exemptions before using the FLSA Overtime Calculator Advisor.

Nothing in the FLSA or the Department's regulations prevents an employer from paying an employee at or above the minimum wage or at a higher overtime rate of pay. In addition, a number of states have enacted minimum wage and overtime pay laws, some of which provide greater worker protections than those provided by the FLSA. In situations in which an employee is covered by both Federal and state wage laws, the employee is entitled to the greater benefit or more generous rights provided under the different parts of each law. More information about state laws may be found through the state labor offices.

If you are uncertain whether you or your employees are covered by the FLSA, please review the FLSA Coverage and Employment Status Advisor. You may also want to review a brief explanation of what the FLSA requires and what the FLSA does NOT require.

The FLSA Overtime Calculator Advisor is one of a series of elaws (Employment Laws Assistance for Workers and Small Businesses) Advisors developed by the U.S. Department of Labor (DOL) to help employers and employees understand their rights and responsibilities under Federal employment laws. To view the entire list of elaws Advisors please visit the elaws website. To learn more about DOL's efforts to promote and achieve compliance with labor standards in place to protect and enhance the welfare of the nation's workforce, visit the Wage and Hour Division (WHD) website.