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 Washington differs from federal law
Washington has strong overtime protections that go beyond federal law:
- Overtime is required after 40 hours per workweek at 1.5x the regular rate
- Washington agricultural workers gained overtime rights through the 2021 Engrossed Substitute House Bill 1087 — phasing in overtime for agricultural workers (40-hour threshold by 2024)
- Washington's overtime salary threshold for exempt employees is tied to the state minimum wage and is significantly higher than the federal threshold (1.75x the state minimum wage for large employers)
- Washington does not require daily overtime for most workers, but some collective bargaining agreements may provide it
- Washington's Department of Labor & Industries (L&I) enforces overtime laws independently of federal DOL
Additional Steps in Washington
File unpaid overtime complaints with the Washington Department of Labor & Industries (L&I) at (866) 219-7321 or online at lni.wa.gov. You can also file with the federal DOL Wage and Hour Division or bring a private lawsuit in Washington courts.
Relevant Law: Washington Minimum Wage Act, RCW 49.46.130 (overtime). WAC 296-128 (overtime exemptions).
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