Who Is Entitled to Overtime Pay?
Under the Fair Labor Standards Act (FLSA), most workers earning less than $35,556/year ($684/week) are classified as non-exempt and entitled to overtime pay at 1.5× their regular rate for hours exceeding 40 per week.
But here's what most people don't know: salary alone doesn't determine exemption. Workers must also fail the "duties test" — meaning they primarily perform non-managerial, non-professional tasks — to be eligible for overtime.
State Thresholds Can Be Much Higher
Federal law sets the minimum threshold. States can — and do — set higher thresholds:
- California: $66,560/year ($1,280/week) — highest in the nation
- New York: $74,320/year for NYC ($1,430/week)
- Washington: $48,930/year
- Federal: $35,556/year
If you're in California earning $50,000/year, you're likely non-exempt even though you'd be exempt under federal rules. This calculator uses your state's threshold.
How to Calculate Unpaid Overtime
For non-exempt workers:
Example: $20/hr worker with 10 OT hours/week = ($20 × 1.5) × 10 = $300/week in OT
Recovering Back Pay
If you've been misclassified or worked unpaid overtime, you may be able to recover:
- 2 years of unpaid overtime (FLSA standard)
- 3 years for willful violations
- liquidated damages equal to the unpaid amount in some cases
File a complaint with the Department of Labor's Wage and Hour Division or consult an employment attorney for a case evaluation.
Methodology & Sources
Salary thresholds are based on 2026 FLSA regulations and state labor department data. The calculator provides estimates only — actual exemption status depends on duties tests and specific job duties. Consult an employment attorney for legal determination.