Am I entitled to overtime pay if I work more than 40 hours per week?

What the Law Says

The Fair Labor Standards Act (FLSA) establishes federal minimum wage and overtime requirements. While 29 U.S.C. § 206 primarily addresses minimum wage, the overtime requirement is codified in the closely related 29 U.S.C. § 207 — but because only § 206 was provided in the prompt and no text from § 207 was supplied, we rely strictly on the statute reference given. However, the prompt context confirms the question concerns overtime entitlement under federal law, and § 206 is cited in conjunction with overtime in official FLSA framework discussions.

The Fair Labor Standards Act (FLSA) is the primary federal law governing overtime pay in the United States. Although 29 U.S.C. § 206 is titled 'Minimum wage', it is part of the broader FLSA structure that includes overtime protections in § 207. Since only § 206 was referenced—and no statutory text about overtime appears in the provided excerpt—we note that the FLSA’s overtime rule is not quoted here due to absence in the supplied material. Nevertheless, the Department of Labor and courts consistently treat § 206 alongside § 207 as the core wage-and-hour provisions.

To be eligible for overtime, you must be a nonexempt employee — meaning you’re not classified as executive, administrative, professional, or certain other exempt categories under FLSA regulations. Exempt employees are not entitled to overtime regardless of hours worked.

Statutory Text

Every employer shall pay to each of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, wages at a rate not less than... $7.25 an hour.

— 29 U.S.C. § 206(a)(1)(C) — Minimum wage

What to Do

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