FLSA Overtime Eligibility Guide
Who qualifies for overtime pay under federal law
2026 Salary Threshold
$58,656.00
Salaried workers earning less than this are entitled to OT
Exempt vs Non-Exempt Employees
Non-Exempt (Gets OT)
Hourly Worker
Paid by the hour, not salaried
Salaried Under Threshold
Salary < $58,656/year
Exempt (No OT)
Executive
Manages team of 2+, hiring/firing authority
Administrative
Office work, exercises independent judgment
Professional
Advanced knowledge, creative, learned
Computer
Systems analyst, programmer, $27.63+/hr
Outside Sales
Makes sales away from employer's place
Federal FLSA Rules
40-Hour Rule
Overtime is required for hours worked beyond 40 in a workweek. The workweek is a fixed 7-day period defined by your employer.
Time and a Half
OT must be paid at 1.5× the regular rate. The regular rate includes base pay plus most bonuses and commissions.
No Comp Time (Private Sector)
Private employers cannot give comp time instead of OT pay. Government employers may offer comp time.
California Daily OT Rules
1.5× after 8 hrs
Time and a half after 8 hours in a day
2× after 12 hrs
Double time after 12 hours in a day
California has the strongest overtime protections. Check your state's labor laws.
Common Misclassification Issues
- • 10% of workers are wrongly classified as exempt
- • "Manager" title doesn't automatically make you exempt
- • Paying salary doesn't make someone exempt from OT
- • You may be owed back pay if misclassified
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This is general information, not legal advice. Consult an employment attorney for your situation.