Overtime Laws

Payroll Overtime Calculation: A Step-by-Step Method (2026)

How payroll teams calculate overtime correctly: the workweek, hours worked, the regular rate, daily state rules, and the four errors that cause back-pay claims.

JN
Written by Javed Nianat · Payroll & Labor Law Researcher
Fact-checked by Overtime Pay Calculator USA Editorial Team against U.S. Department of Labor guidance and 2026 state labor codes.
Published September 18, 2026Last updated September 18, 20268 min read
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Fix the Workweek First

Overtime is measured over a fixed, recurring seven-day period the employer designates in advance. It does not have to start on Monday, and it does not have to match the pay period — but once set, it cannot be shifted week to week to dodge premium hours.

Every calculation below depends on that boundary being stable.

The Five Steps in Order

  • . Total the hours worked. Paid hours only — unpaid meal periods out, short rest breaks and required training in.
  • . Compute the regular rate. Total straight-time earnings for the week, including differentials and non-discretionary bonuses, divided by hours worked.
  • . Apply the daily rule if the state has one. Some states pay overtime past 8 or 12 hours in a day.
  • . Apply the weekly rule. Hours past 40 in the workweek.
  • . Pay the greater of the two, never both for the same hour.

Where Payroll Gets It Wrong

Averaging two weeks of a biweekly period. 46 hours then 34 hours is six overtime hours in week one, not zero over eighty.

Leaving bonuses out of the rate. A promised production or attendance bonus must be spread across the hours it covers and lift the overtime rate.

Paying comp time instead of cash. Private employers generally cannot swap time off for overtime dollars.

Assuming a salary makes someone exempt. Exemption depends on the salary level *and* on duties. A salaried coordinator with no real discretion is usually still owed overtime.

Cost, Not Just Compliance

Overtime is rarely the most expensive option once you count recruiting, benefits and training for an additional hire. The overtime cost calculator shows the loaded premium and the break-even point where a new hire wins.

For construction and public-works payroll, prevailing-wage fringe credits change the math again — that lives in the certified payroll calculator.

Records Are the Defence

Keep punch records, the designated workweek, the rate paid, and the overtime hours for every employee. In a wage dispute the employer's records are the evidence; where they are missing, an employee's reasonable estimate tends to stand. Rebuild any contested week in the timesheet calculator before responding.

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Sources and further reading

Every rule in this guide traces back to a primary source. Verify the current text before acting on it — wage rules change.

  1. Fact Sheet #23: Overtime Pay Requirements of the FLSAU.S. Department of Labor
  2. 29 CFR 778.105 — Determining the workweekCode of Federal Regulations

About the author

JN
Javed Nianat

Payroll & Labor Law Researcher

Javed builds and maintains the overtime calculators on this site and reads the underlying statutes so you do not have to. He tracks FLSA regulations, state wage orders and annual minimum-wage changes across all 50 states, and rewrites every rule into plain English with a worked example.

  • FLSA overtime rules
  • State wage & hour law
  • Regular rate calculations
  • Payroll compliance

Reviewed by Overtime Pay Calculator USA Editorial Team. Every guide is checked line by line against primary sources — the Fair Labor Standards Act, U.S. Department of Labor fact sheets and opinion letters, and each state labor department's current wage order — before it is published, and again whenever rates change. Read our editorial policy or report a correction.

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