How to Calculate Overtime Pay in 2026 — FLSA Rules, Formula & Real Examples

The federal overtime formula is straightforward. What makes it complicated are state-specific rules, exempt vs. non-exempt status, and the new 2026 tax deduction most workers don't know about. This guide covers all of it with verified numbers.

Sources: US Department of Labor (FLSA) · One Big Beautiful Bill Act (2025) · IRS Publication 15 · State labor department rules for CA, AK, NV, CO. All figures verified as of June 2026.
Direct Answer

Overtime pay = Hourly rate × 1.5 × overtime hours. Federal law (FLSA) requires 1.5x pay for all hours worked over 40 in a workweek. At $20/hr working 45 hours: regular pay = $800, overtime = $150, total = $950. California also requires overtime after 8 hours/day.

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The Overtime Formula — Step by Step

The Fair Labor Standards Act (FLSA) sets the federal minimum overtime standard. Here is the exact calculation:

Total Pay = (Regular Hours × Rate) + (Overtime Hours × Rate × 1.5)

Worked Example — $22/hr, 47 Hours

ComponentCalculationAmount
Regular pay40 hrs × $22.00$880.00
Overtime rate$22.00 × 1.5$33.00/hr
Overtime pay7 hrs × $33.00$231.00
Total weekly pay$880 + $231$1,111.00

Time and a Half — Reference Table 2026

Every common hourly rate, calculated for 5, 10, and 15 overtime hours per week:

Hourly RateOT Rate (1.5x)+5 OT hrs/wk+10 OT hrs/wk+15 OT hrs/wkAnnual OT (10 hrs/wk)
$12.00$18.00+$90+$180+$270+$9,360/yr
$15.00$22.50+$112.50+$225+$337.50+$11,700/yr
$18.00$27.00+$135+$270+$405+$14,040/yr
$20.00$30.00+$150+$300+$450+$15,600/yr
$25.00$37.50+$187.50+$375+$562.50+$19,500/yr
$30.00$45.00+$225+$450+$675+$23,400/yr
$35.00$52.50+$262.50+$525+$787.50+$27,300/yr
$40.00$60.00+$300+$600+$900+$31,200/yr

Calculated per FLSA Section 207. Annual figures assume 52 weeks of overtime at stated hours.

Who Qualifies for Overtime — Exempt vs Non-Exempt

Under FLSA, employees are either non-exempt (overtime required) or exempt (no overtime required). The distinction matters:

Non-Exempt — Must Receive Overtime

  • All hourly workers covered by FLSA
  • Salaried employees earning under $684/week ($35,568/year) — regardless of job title
  • Most blue-collar and manual workers regardless of pay level
  • First responders, paralegals, most healthcare workers

Exempt — No Overtime Required

Must meet both the salary test AND the duties test:

Exemption TypeSalary MinimumPrimary Duty Required
Executive$684/weekManagement of enterprise or department; directs 2+ employees
Administrative$684/weekOffice/non-manual work; exercises independent judgment on significant matters
Professional$684/weekWork requiring advanced knowledge (lawyers, doctors, CPAs, engineers)
Computer$684/week or $27.63/hrSystems analyst, programmer, software engineer
Outside SalesNo minimumMaking sales away from employer's place of business
Highly Compensated$107,432/yearPerforms at least one exempt duty

Source: DOL FLSA Exemptions — salary thresholds current as of 2026.

State Overtime Rules — Where Federal Law Is Not Enough

Federal FLSA sets the minimum. Several states require overtime under conditions stricter than federal law:

StateDaily OT ThresholdWeekly OT7th Consecutive Day
CaliforniaAfter 8 hrs (1.5x); after 12 hrs (2x)After 40 hrs1–8 hrs at 1.5x; over 8 hrs at 2x
AlaskaAfter 8 hrs/dayAfter 40 hrsFederal rules apply
NevadaAfter 8 hrs (if earning ≤1.5× min wage)After 40 hrsFederal rules apply
ColoradoAfter 12 hrs/dayAfter 40 hrsFederal rules apply
All other statesNo daily OT ruleAfter 40 hrsFederal rules apply

Verified against individual state Department of Labor rules, June 2026.

The 2026 Overtime Tax Deduction — What Most Workers Don't Know

The One Big Beautiful Bill Act, signed into law in 2025, created a new federal tax benefit specifically for overtime workers. It is one of the most significant payroll tax changes in recent memory:

DetailSpecifics
Deduction typeAbove-the-line deduction (reduces AGI — available without itemizing)
Coverage periodTax years 2025, 2026, 2027, 2028
Cap — single filerUp to $12,500 of overtime income deductible
Cap — married filing jointlyUp to $25,000 of overtime income deductible
Income phase-outBegins at $150,000 AGI (single) / $300,000 (married)
Taxes still owedSocial Security (6.2%) and Medicare (1.45%) still apply to overtime
Qualifying OTMust be FLSA-qualifying overtime (hours over 40/week for non-exempt employees)

What This Means in Real Dollars

A single filer earning $20/hr working 10 hours of overtime per week:

  • Annual overtime earnings: 10 hrs × $30 × 52 weeks = $15,600
  • Deductible amount (capped at $12,500): $12,500
  • Tax savings at 22% bracket: $2,750 less in federal taxes

Consult a tax professional for your specific situation. Figures based on 2026 tax brackets.

Common Overtime Mistakes — What Employers Get Wrong

  • Averaging hours across weeks: Illegal under FLSA. Each workweek is calculated independently. Working 30 hours one week and 50 the next = 10 overtime hours owed in week two, regardless of the average.
  • Comp time instead of overtime pay: Private sector employers cannot offer compensatory time off instead of overtime pay. Only government employers can do this.
  • Not including all compensation in the regular rate: The overtime rate must be based on the "regular rate" which includes shift differentials, non-discretionary bonuses, and piece-rate pay — not just the base hourly rate.
  • Misclassifying workers as exempt: Job title alone does not create an exemption. The duties test and salary test must both be satisfied.
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Frequently Asked Questions

Overtime pay = hourly rate × 1.5 × overtime hours. Add this to regular pay (40 hours × hourly rate) for total weekly pay. Example: $20/hr, 45 hours worked = (40 × $20) + (5 × $30) = $950. Use our overtime calculator for instant results.
Time and a half for $15/hour is $22.50/hour ($15 × 1.5). Working 5 overtime hours earns an extra $112.50 on top of your regular $600 weekly pay (40 hrs × $15).
California requires overtime after 8 hours in a single day (not just 40 hours/week). Daily overtime: 1.5x after 8 hours, 2x after 12 hours. On the 7th consecutive workday: 1.5x for first 8 hours, 2x after that. California law is significantly more protective than federal FLSA.
Salaried employees earning under $684/week ($35,568/year) must receive overtime under FLSA regardless of job title. Higher-paid salaried employees may be exempt only if they meet both the salary threshold AND the duties test for executive, administrative, or professional roles.
Overtime is taxed at your regular income tax rate — not a special higher rate. The 2025 One Big Beautiful Bill Act created a federal deduction of up to $12,500 (single) or $25,000 (married) on overtime income for tax years 2025–2028, significantly reducing the tax impact of overtime earnings.