Federal Law does not limit the hours that an employee can work. But, unless exempt (for more information for FLSA exemptions, click here), employees covered by the FLSA must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay. This is based on the employee’s workweek, which can be different then the calendar week. A workweek can begin on any day and at any hour of the day established by the employer. But this day has to be fixed and may not arbitrarily change from workweek to workweek. Additionally, calculating overtime by averaging the hours for multiple workweeks in a pay period is not allowed.

Overtime under the FLSA is not limited to hourly workers; employees who receive salary, bonus/commission, or work a piece-rate (paid per task completed) may also be entitled to overtime. Tipped employees may also receive overtime. This is because overtime is based on the regular rate of pay and not the hourly rate.