Is it legal for my employer to not pay me overtime?
Published July 3, 2026
The short answer
It depends on your job and where you work. Under federal law, many hourly workers are entitled to a higher rate of pay once they work more than a set number of hours in a week — but some roles are treated as “exempt,” and some states have their own, stronger overtime rules.
Because the thresholds and exemptions vary, the safest move is to check the specifics with the U.S. Department of Labor or your state labor department rather than assume it either way — and, in the meantime, keep a clear record of the hours you actually worked.
What you can do
- 1
Track your weekly hours
Keep your own dated log of hours worked each week, including anything done off the clock.
- 2
Note how you’re classified and paid
Whether you’re hourly or salaried, and whether you’re told you’re “exempt,” all matter for overtime.
- 3
Keep your pay records
Save pay stubs and schedules so your hours and pay are easy to compare.
- 4
Check whether overtime rules apply to you
The Department of Labor (dol.gov) and your state labor department explain who qualifies and the current thresholds.
- 5
Put your question in writing
Asking your employer about overtime in writing creates a dated record.
Where the exact rules matter: the specifics — figures, thresholds, deadlines, and which rules apply — vary by state and by your situation. Check them with the U.S. Department of Labor (dol.gov) or your state labor department rather than relying on a number from anywhere else.
In plain terms
- Overtime
- A higher rate of pay for extra hours, once you pass a threshold set by law. The threshold and rate can vary by state.
- Exempt vs non-exempt
- “Exempt” workers generally aren’t owed overtime; “non-exempt” workers generally are. Which one you are depends on your duties and pay, not just your job title.
- Salaried
- Paid a fixed amount rather than by the hour. Being salaried doesn’t automatically mean you can’t receive overtime.
Where rippedoffworker comes in
The guide tells you what to do — the app does it with you.
rippedoffworker helps you log the hours, pay, and treatment as they happen and builds a dated record over time — so your own figures and the pattern behind it are organized in one place, ready to take to the people who can help.
rippedoffworker is a record-keeping tool, not a law firm, and does not give legal advice. Any amounts are arithmetic on the figures you entered — apparent, not a guaranteed or legally determined amount.
Is it legal?
The Break Room answers that one from the regulation itself, quoted, with a link to the page the words were read from.
Is it legal to pay me a salary and never pay overtime?