The premium pay nonexempt employees are entitled to under federal, state, or local law for hours worked over a specified number each workweek or workday.

The Fair Labor Standards Act (FLSA) establishes the federal overtime pay requirements. Under the FLSA, employers generally must pay nonexempt employees overtime compensation of at least 1.5 times their regular rate of pay for all hours worked over 40 in any workweek.

For more information, see Practice Note, Wage and Hour Law: Overview.

State and local law may impose additional or different requirements for overtime pay. For example, states and localities may require overtime pay for hours worked in excess of a daily maximum or for work on the sixth or seventh consecutive day of work. For more information, see State Wage and Hour Claims Toolkit and Wage and Hour Laws: State Q&A Tool.

Employers must comply with the applicable federal, state, or local law that provides employees with the greatest rights and protections.