Overtime Pay
Written in plain language for general understanding. This is educational content, not legal advice. Based on federal statutes and official sources.
What is this right?
If you work more than 40 hours in a week, your employer must pay you at least 1.5 times your regular hourly rate for every extra hour. This is federal law under the Fair Labor Standards Act (FLSA).
This applies to most hourly workers. Salaried workers earning less than $684 per week ($35,568 per year) are automatically entitled to overtime regardless of job duties. Above that threshold, you must also perform certain executive, administrative, or professional duties to be exempt.
Note: The DOL proposed raising this threshold to $58,656 in 2024, but a federal court vacated that rule in November 2024. The threshold remains at $35,568 as of 2026.
When does it apply?
This right applies when:
- You work more than 40 hours in a single workweek
- You are classified as a "non-exempt" employee
- Your employer is covered by the FLSA (most are — any business with $500,000+ in annual revenue or involved in interstate commerce)
The FLSA exemption test (two parts):
To be exempt from overtime, you must meet both a salary test and a duties test:
- Salary test: You must earn at least $684/week ($35,568/year)
- Duties test: Your primary duties must fall into one of five categories:
- Executive — you manage a department or subdivision and supervise at least 2 full-time employees
- Administrative — you perform office or non-manual work related to business operations and exercise independent judgment on significant matters
- Professional — your work requires advanced knowledge in a field of science or learning (e.g., doctors, lawyers, engineers, accountants)
- Computer employee — you work as a systems analyst, programmer, or software engineer earning at least $684/week (or $27.63/hr)
- Outside sales — you regularly make sales or obtain orders away from the employer's place of business
Common misconceptions:
- "Salaried employees don't get overtime" — Wrong. Salary alone doesn't determine exemption. You must meet both the salary AND duties test.
- "My employer said I'm exempt" — Employers sometimes misclassify workers. The law determines your status, not your employer's label.
- "I agreed to no overtime in my contract" — You cannot waive your right to overtime pay. Any such agreement is unenforceable.
What should you do?
Step 1: Track your own hours. Keep a personal record of when you start, when you stop, and any breaks. Don't rely solely on your employer's timekeeping.
Step 2: Check your pay stubs. Compare your hours worked against the pay you received. For any week over 40 hours, verify you were paid at 1.5x your regular rate.
Step 3: Raise the issue in writing. If you're owed overtime, send your employer a written request (email is fine) asking them to correct your pay.
Step 4: File a complaint if needed. Contact the U.S. Department of Labor's Wage and Hour Division at 1-866-487-9243 or file online. You can also consult an employment attorney — many take overtime cases on contingency (no upfront cost).
What should you NOT do?
Don't work off the clock. If your employer asks you to "clock out" but keep working, that's illegal. Document it.
Don't assume you're exempt. Even if your employer calls you "exempt" or "salaried," you may still be entitled to overtime. Look up the FLSA exemption tests.
Don't wait too long. You have 2 years to file a claim (3 years if the violation was willful). The clock starts from each paycheck.
Don't quit before filing. You can file while still employed. Retaliation for filing a wage complaint is also illegal.
How Maryland differs from federal law
Maryland provides overtime protections through the Maryland Wage and Hour Law:
- Overtime is required after 40 hours in a workweek at 1.5x your regular rate
- MD does not require daily overtime
- The MD Wage and Hour Law (MD Code, Labor & Employment § 3-415) provides state-level overtime protections
- MD exemptions are similar to the FLSA but not identical — some agricultural and seasonal amusement workers have different rules
- Employers who fail to pay overtime can be liable for the unpaid wages plus treble damages under the MD Wage Payment and Collection Law
- MD provides stronger protections for employees classified as non-exempt than some other states
Additional Steps in Maryland
File unpaid overtime complaints with the Maryland Division of Labor and Industry, Employment Standards Service at (410) 767-2357 or online at dllr.state.md.us. You can also file with the federal DOL or bring a private lawsuit with potential treble damages.
Relevant Law: Maryland Wage and Hour Law, MD Code, Labor & Employment § 3-415. MD Wage Payment and Collection Law, MD Code, Labor & Employment § 3-501 et seq.
Legal Resources
We may earn a commission if you use these services — at no extra cost to you. This supports our mission to make legal information free for everyone.