Shift Work and Overtime Pay in the U.S.: What Federal Law Says About Hours, Breaks and Pay

You worked a double on Saturday, a night shift that ran past midnight, and a few extra hours to cover for a coworker. When the paycheck arrives, how do you know whether the overtime is right? For hourly shift workers in the U.S., the answer starts with one federal law: the Fair Labor Standards Act (FLSA). This guide explains what the U.S. Department of Labor says about overtime, the workweek, shift pay and breaks, and where state and local rules can go further.

In this guide:

• 1. Overtime basics: 40 hours and time and a half
• 2. The workweek: why two weeks never average out
• 3. The regular rate: shift differentials and other pay
• 4. Nights, weekends and holidays
• 5. Breaks and meal periods
• 6. What federal law doesn't cover
• 7. How to track your own hours

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Overtime basics: 40 hours and time and a half

Under the FLSA, covered employees who are not exempt must be paid overtime for hours worked over 40 in a workweek, at a rate of at least one and a half times their regular rate of pay. The law sets no maximum number of hours that employees aged 16 and older can work in a day or week; it only requires the overtime premium once the threshold is passed.

Two points matter a lot for shift workers:

• Employers and employees cannot waive overtime by agreement. A rule that says overtime is not allowed, or is unpaid unless pre-approved, does not remove the right to be paid for overtime actually worked.
• Not every job is covered by the overtime rules. Some employees are exempt, and whether you are exempt depends on your duties and how you are paid, not on your job title. If you are unsure, ask your state labor agency or the Department of Labor's Wage and Hour Division.

The workweek: why two weeks never average out

The FLSA counts hours by workweek: a fixed, regularly recurring period of 168 hours, or seven consecutive 24-hour periods. It doesn't have to match the calendar week. It can start on any day and at any hour, and different groups of employees can have different workweeks.

The key consequence: averaging hours over two or more weeks is not permitted. Each workweek stands on its own.

Illustrative example. The overtime hours are paid at no less than 1.5 times the regular rate for week 1.

Overtime is normally paid on the regular payday for the pay period in which it was earned. If your schedule swings between long weeks and short ones, check how your employer defines the workweek: it is the key to reading your pay stub.

The regular rate: shift differentials and other pay

Overtime is not simply 1.5 times your base hourly wage. It is based on your regular rate of pay, which includes all remuneration for employment, except certain payments the law excludes (for example expense reimbursements, discretionary bonuses, true overtime and weekend/holiday premiums, and pay for time not worked such as vacation or sick leave).

If you have more than one rate in the same week, your regular rate is the weighted average: total earnings divided by total hours worked. And under the Department of Labor's regulations (29 CFR 778.207), shift differentials, the extra pay for evening or night hours, are generally part of the regular rate.

Rounded to the cent. The straight-time pay already covers all 44 hours, so the extra amount for the 4 overtime hours is half the regular rate.

The Department of Labor also notes that a flat sum for overtime work is not a true overtime premium: for example, a flat amount paid for Sunday work regardless of hours must be included in the regular rate.

Nights, weekends and holidays

The FLSA does not require overtime pay for Saturday, Sunday, holiday or rest-day work as such. Working a night shift or a holiday doesn't by itself trigger a premium under federal law. Extra pay for those hours comes from your employer's policy, your contract or a union agreement, or from state or local law. Hours worked on those days still count toward the 40-hour threshold.

Breaks and meal periods

According to the Department of Labor, federal law does not require lunch or coffee breaks. But the rules say how they must be treated when employers do offer them:

• Short breaks, usually about 5 to 20 minutes, are paid: they count as hours worked, including for overtime.
• Meal periods, typically at least 30 minutes, are not work time and don't have to be paid, as long as you are completely relieved of duty (29 CFR 785.19). If you're eating at your desk while answering customers, it generally doesn't count as an unpaid meal period.

Many states have their own meal and rest break laws, which can require more than the federal minimum. Check your state labor department.

What federal law doesn't cover

Several things shift workers care about are not regulated at the federal level for most private-sector jobs, but may be regulated by states or cities:

• Daily overtime: some states, for example California, add overtime rules based on hours per day, not only per week.
• Advance notice of schedules: federal law has no general requirement. A handful of jurisdictions, including Oregon statewide and cities such as New York City, Chicago, Seattle, San Francisco, Philadelphia and Los Angeles, have "fair workweek" or predictive scheduling laws for certain industries and employers. Coverage and notice periods differ, so look at your state or city labor agency.
• Rest between shifts: there is no general federal rule on the time between the end of one shift and the start of the next.
• Break rules, sick leave and premium pay for night, weekend or split shifts: set by employers and by state and local law.

How to track your own hours

If you think your overtime is wrong, the best evidence is your own record: which shifts were scheduled, which you actually worked, and when. Keep a copy of your schedule and compare it with your pay stub every pay period.

Shift2Cal lets you take a photo or upload a screenshot, PDF or CSV of your work schedule; the AI reads the shifts, you review and fix them in a preview, and they sync with Apple Calendar, Google Calendar or Outlook. If your rotation repeats, you can save it as a recurring pattern. With all your shifts in one calendar, it's easier to add up hours per workweek and to notice when a week crosses the 40-hour line. Processing happens on your device, so your documents stay with you.

If you believe you were not paid overtime you earned, you can contact the Department of Labor's Wage and Hour Division at 1-866-487-9243 (1-866-4USWAGE) or your state labor agency.

Sources: U.S. Department of Labor, Fact Sheet #23: Overtime Pay Requirements of the FLSA (revised October 2019), and Breaks and Meal Periods.

This article is general information, not legal advice. Overtime rules depend on whether you are an exempt or non-exempt employee, your state and city laws, and your employment agreement or union contract. If you have a specific question, contact your state labor agency, the U.S. Department of Labor's Wage and Hour Division, a union representative or an employment attorney.