The Ultimate Guide to FLSA Overtime Pay
Master FLSA overtime pay rules, exemptions, and calculations to protect your rights and stay compliant.
Master FLSA overtime pay rules, exemptions, and calculations to protect your rights and stay compliant.

FLSA overtime pay is the extra compensation — at least 1.5 times your regular hourly rate — that most U.S. workers are legally owed when they work more than 40 hours in a single workweek.
Here's what the law requires at a glance:
You worked the extra hours. You put in the late nights, the early mornings, the weekends. And then your paycheck didn't reflect any of it.
If that sounds familiar, you're not alone — and you may have rights.
The Fair Labor Standards Act (FLSA) has protected workers' right to overtime pay since 1938. But the rules are complicated. Employers misclassify workers. Bonuses get calculated wrong. Exemptions get misapplied — sometimes on purpose.
Wage theft is one of the most common — and least talked about — workplace violations in America.
This guide breaks down exactly how FLSA overtime works: who qualifies, how it's calculated, what exemptions actually mean, and what you can do if your employer isn't paying you what you're owed.


To understand your rights, we have to look at the foundation of American wage law: the Fair Labor Standards Act. This federal law establishes the baseline for the federal minimum wage (currently $7.25 per hour since July 24, 2009), youth employment, recordkeeping, and—most importantly for this guide—overtime standards.
Under the FLSA, unless an employee is specifically exempt, they must receive overtime pay for all hours worked over 40 in a single workweek. This overtime rate must be at least one and one-half times their regular rate of pay.
But who exactly is covered by these federal rules? The FLSA uses two methods to determine coverage:
Because of these broad standards, the vast majority of workers in Michigan and Illinois are protected by federal overtime laws.
Employers can't just pay you whatever they feel like under the table. The FLSA requires employers to keep precise and accurate records of hours worked and wages paid. According to the Handy Reference Guide to the Fair Labor Standards Act | U.S. Department of Labor , employers must display an official FLSA poster in a conspicuous place and maintain records containing:
If an employer fails to maintain these records or violates child labor laws, the penalties are steep. For example, the maximum civil monetary penalty for repeated or willful violations of child labor standards that cause serious injury or death of a minor is $145,752 on or after January 16, 2025. Employers who willfully or repeatedly violate minimum wage or overtime laws can also face civil penalties of up to $2,515 per violation.

A common point of confusion is the difference between "exempt" and "non-exempt" employees.
However, employers cannot simply label an employee "exempt" or pay them a salary to avoid paying overtime. As detailed by the Overtime Pay | U.S. Department of Labor , exemption status is determined by specific legal criteria, not by your job title or how you are paid.
To classify an employee as exempt under the standard "white-collar" exemptions (Executive, Administrative, and Professional), an employer must prove that the employee passes three distinct tests:
Let's look closer at the current salary-level threshold. While the Department of Labor attempted to raise the salary thresholds in 2024, a federal court in Texas blocked and invalidated those increases. Consequently, the federal minimum salary required for executive, administrative, and professional exemptions reverted to $684 per week ($35,568 annually) on November 15, 2024.
If you are paid less than $684 per week, you are non-exempt, regardless of your job duties. Furthermore, if you are a highly compensated employee (HCE), the annual threshold is $107,432 (with at least $684 paid weekly on a salary basis).
Many workers ask: Can an employer force an hourly employee to be a salaried employee in order to not pay overtime? The answer is no. Merely switching someone to a salary without meeting the strict duties test is a clear violation of the FLSA.
One of the most important principles of wage and hour law is the "more protective" rule. If a state or local law provides greater protection or a higher wage than federal law, the employer must follow the state standard.
Because our firm serves clients in Michigan and Illinois, let’s look at how these states compare to federal rules. If you are wondering, "Am I entitled to overtime pay if I work more than 40 hours a week," the answer depends on both federal rules and these local state standards.
Many people assume that calculating overtime is as simple as taking their hourly rate and multiplying it by 1.5. However, the FLSA requires overtime to be calculated based on your regular rate of pay, which is not always the same as your base hourly rate.
The regular rate of pay is an hourly rate derived by dividing your total remuneration (pay) in a workweek by the total number of hours you actually worked in that week.
According to the HIGHLIGHTS OF THE FINAL RULE ON REGULAR RATE UNDER THE FAIR LABOR STANDARDS ACT | U.S. Department of Labor , certain perks and benefits are explicitly excluded from this regular rate calculation, while others must be included.
If you receive bonuses or work at multiple different rates of pay in a single week, calculating your overtime requires a few extra steps.
If you work two different jobs for the same employer at different rates (e.g., $15/hour as a clerk and $20/hour as a supervisor), your regular rate is the "weighted average" of those rates.
Under 29 CFR 778.114, if your hours fluctuate from week to week and you have a clear agreement with your employer that you will receive a fixed salary as straight-time pay for whatever hours you work, your employer may use the fluctuating workweek method.
As clarified in Fact Sheet #82: Fluctuating Workweek Method of Computing Overtime Under the Fair Labor Standards Act (FLSA) / “Bonus Rule” Final Rule | U.S. Department of Labor , any non-discretionary bonuses or incentive pay must still be added to your salary before dividing by the total hours worked to find your regular rate. You are then owed an additional 0.5 times that regular rate for every hour worked over 40.
If you are a federal employee, your overtime is governed by the Office of Personnel Management (OPM) rules, which operate slightly differently than standard private-sector rules.
Under OPM rules, total remuneration includes basic pay, night pay differentials, Sunday premium pay, and any applicable special rate supplements or locality payments.
For example, as outlined in Fact Sheet #23: Overtime Pay Requirements of the FLSA | U.S. Department of Labor , if a GS-7 Step 1 employee works 52 hours in a workweek, their overtime pay includes both their straight-time rate for those hours plus one-half of their hourly regular rate of pay multiplied by the 12 overtime hours.
In July 2025, a major piece of federal legislation—the One Big Beautiful Bill Act—introduced a brand-new tax benefit for hard-working Americans. Under this law, eligible workers can claim a tax deduction for their qualified overtime compensation starting in their tax filings.
According to IRS Fact Sheet FS-2026-01 (and detailed in the One Big Beautiful Bill Act - No Tax on Overtime Provision ), here is how the deduction works:
Navigating wage laws can feel like learning a foreign language. Here are some of the most common questions we receive from workers in Michigan and Illinois.
Yes. Under the FLSA, there is no limit on the number of hours an employee aged 16 or older can work in a workweek. Your employer can legally require you to work mandatory overtime. However, they must pay you the proper overtime rate for those hours. For more details on this, check out our guide: Can my employer require me to work overtime.
Absolutely not. Your right to overtime pay is established by federal law and cannot be waived. Any agreement, contract, or waiver you sign giving up your right to overtime is completely legally unenforceable. Learn more about this protection here: Can my employer require me to sign a waiver giving up my right to overtime pay.
Yes. If your employer has failed to pay you the overtime wages you earned, you have the right to file a lawsuit to recover those wages. Under the FLSA, you can recover:
The statute of limitations for filing an FLSA claim is generally two years, but it can be extended to three years if we can prove the employer's violation was willful. You can also join or file a collective action with other coworkers who were unpaid. Read more about your legal options: Can I sue my employer for unpaid wages or overtime.
If you believe your employer has misclassified you as exempt, failed to calculate your regular rate of pay correctly, or simply refused to pay you for your overtime hours, you don't have to fight them alone.
At Marko Law, we are dedicated to protecting workers across Detroit, Mount Pleasant, and Chicago. We specialize in employment law and have a proven track record of securing over $500 million in client recoveries. We work on a contingency fee basis—meaning we offer free consultations, and you pay absolutely no fees unless we win your case.
Don't let your hard work go uncompensated. Contact us today at https://www.markolaw.com/contact or call +1-313-777-7777 to schedule your free, confidential case evaluation. Let us help you claim the wages you legally earned.
We Will Help You!
Get in touch with a real person 24/7/365.
If you’re a law firm owner and want help optimizing your practice for success, please email jon@markolaw.com

Real stories. Real results. From personal injury recoveries to civil rights victories, our clients trust Marko Law to deliver justice when it matters most. Hear what people across Michigan are saying about their experience with our legal team.
Good evening, gentlemen! Just wanted to pop in and give a big shoutout to the Marko Law squad. Gasper was an absolute assassin in the best possible way — and trust me, that’s a high compliment coming from me. In a world full of soft millennials, this guy is built different. John Eads & Gasper tag-teamed those negotiations like champs, especially with a mediator and attorney who were… let’s just say “extra spicy” with a side of confusion. Either way, I wanted to send some love and let you know I’ll be sending clients your way for the foreseeable future.
.png)
Alex Kay is absolutely a hell of a lawyer! He is compassionate and very thorough at his job! This process was a absolute breeze 🙌
.png)
I’ve been working with attorney Michael Jones for the past two years and I can honestly say I couldn’t have asked for a more dedicated or determined attorney. He has never given up on my case and continues to fight hard to make sure justice is served. He truly cares about his clients and it shows in everything he does. I’m so grateful for his commitment, integrity, and perseverance. I highly recommend him to anyone who needs a lawyer who will stand by you every step of the way.

Michael Jones and his team have been nothing but kind courteous and very knowledgeable on any question that I have had this far. They always answer my questions and walk me through this process. I would recommend Marko law and Michael and his assistant Dae to anyone who needs a outstanding law firm

From intake through the entire process to date, Michael Jones and his team have been doing an excellent job representing me, and are a credit to their law firm, Jon Marco Law! The interactions and timely responses to my questions and requests have given me true faith in their ability to represent me during my case. I truly feel I could not be better represented anywhere else. Thank you Jon Marko law and Thank you Michael and Dae for all you are doing. 03/2026

Marko’s law firm truly has a great team ! Kyla in medical records is very comforting and pays great attention to detail!

I just wanted to offer some positive feedback regarding the receptionist who answers the phone. In my interactions with Melody, I found her to be very polite, cheerful and empathetic. She went above and beyond to assist me in navigating your corporate structure to ensure that I could talk directly to the person who could best help me. Due to her assistance, my issue was successfully resolved.

In my opinion, if injured in an auto accident, this is "The Best Ever Law Firm!" Marko Law is excellent! My case was handled very well! I appreciate the time Alex Kay spent with me to ensure I received the maximum payout for my case! His assistant/Paralegal Tracey was also great in handling everything Alex needed to close my case etc. Alex Kay is an awesome attorney and family man! I recommend Alex Kay and Marko Law to everyone who needs a tried and trusted Law Firm! They are the real deal if you need a maximum payout from your case! Special thanks to Jon Marko, Alex Kay, and Tracey! Kudos to everyone on the Marko Law Team!

Working with Marko Law Firm has been a superb experience! Alex Kay has done a phenomenal job handling my case thus far, and his expertise has made a stressful situation feel much less daunting. I've never dealt with a lawsuit before and he's been nothing but attentive and informative throughout the process. I'm thankful for the opportunity to work with him and hopefully things will continue to go smoothly with my suit.

Ariel Kellersohn is the best in business. If you want a lawyer who dedicates herself to your case, you have found the right place. Ariel goes above and beyond all expectations I had. Not only does she uphold herself to the highest standards of professionalism, she is also very personable and easy to talk to and makes you feel confident in your legal team. 10/10 if I could leave more than 5 stars I would!

Having Marko law handle my case was the best decision I made. Alex Kay was excellent he understood what I have been through and fought for me every step of the way. Alex dedication, hard work, and experience guided my case to a successful settlement. I can’t thank Marko Law enough for what they done for me. I would recommend them for any legal support you need.

Reno Arabo. What a fantastic experience I had working with the firm. You were extremely helpful. You made me feel like you cared about me and not about making money. The communication was amazing was amazing. You kept me informed and updated on all aspects of my case. You asked me questions and listened to what I thought instead of telling me what to do. I would 100% recommend you and your fund. 06/2026

They fight for the little guy. The process is generally hard, very hard, and mentally exhausting, but Marko and his phenomenal attorney Cait bring a lot of ease in that process. And WIN! Cait is straight up, honest of the risks and potential outcomes and such and fighter.
Great hard working firm that fights hard for their clients. Jon and his team are knowledgeable, dedicated and great people all around. Their results speak for themselves! Hire Marko!
John Marko handled my son's case wonderfully. He worked for us for 6 years to get my son the best settlement outcome. I highly recommend Marko Law.
I've been working here for three years and I can honestly say Jon Marko is a very passionate attorney with whom I'd trust a case with. He is honest, hard working and one of the smartest men I know. Wish I could give more than five stars! 8/12/2020
Ernst and Marko is a firm that fights for the people. I have known Jon Marko for ten years and worked with him in civil litigation and an excessive force case. He is an aggressive and tireless advocate who fights for his clients to get them justice. 5/12/2016

Marko Law exemplifies professionalism and diligence even when taking on the most laborious cases. Their impressive performance is reassuring when handling such significant and critical issues. You truly feel protected and secure when handing Marko law your vulnerability. They will always fight to protect your rights. 5/12/2021

He was my attorney and couldn't of asked for a more aggressive and down to earth eager ATTORNEY! If you want a lawyer that will WIN then Jon Marko is the Man to call! I highly recommend him and we spoke whenever needed! Thank you again MARKO u were awesome:) 5/27/2020

Thank you Jonathan Marko! You took my case and never let me down from day one! I recommend Marko Law; you will not regret it! Jonathan Marko is the most amazing Lawyer ever! The law firm is honest, fair, consistent, hard working and very nice! Thank you again! 1/18/2022
Attorney Jon Marko is one of the finest attorneys I have ever had the opportunity to work with. His experience and calm courtroom demeanor leaves him unmatched, and makes him a truly aggressive advocate for his clients. 5/12/2016

Marko Law is a breath of fresh air. They're responsive, they care and they get the job done. They have great communication which means you never feel out of the loop. Most of all they work hard until they get the outcome necessary. Love Marko and his team! 1/19/2022

The Ernst and Marko Law firm has an amazing group of attorneys and staff that will make sure they give each and every client the personalized legal advice they need! They will fight for their clients to make justice is served! I highly recommend this firm! 4/02/2017

I've know Jon Marko for years and he is simply the best. He has helped friends and family through tough times and I would trust him with any legal issue, considering that everyone I know that has hired him has had extremely favorable outcomes.

Jon Marko represented me in a lawsuit. He is extremely smart, hardworking, and dedicated to his clients. I'm an attorney myself so I understand what is required of an exceptional attorney. You will not be disappointed if you hire him and his firm to represent you!

The world needs more protectors like Jon Marko from police brutality. He was kind, generous, and reassuring when I spoke to him. Thank you for being a defender of the every man because it's the right thing to do.

At Marko Law, we don’t just take cases — we take a stand. Whether you're facing an injury, injustice, or outright negligence, our team fights like it’s personal — because to you, it is.
Ready to make your voice heard?
We’re not here to play games. We’re here to win.