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Home › Research › Employment & Labor › FLSA overtime requirement
Kingsfield · Research · Employment & Labor

What is the overtime requirement under the FLSA?

Published 2026-06-22 · U.S. federal law

Under the Fair Labor Standards Act, a covered, nonexempt employee must be paid overtime at one and one-half times the regular rate for every hour worked over 40 in a workweek. The duty lives in the statute's maximum-hours section — not the minimum-wage section.

The rule

29 U.S.C. § 207(a)(1) is the overtime provision. For a workweek longer than 40 hours, a covered nonexempt employee must receive compensation for the excess hours at a rate not less than one and one-half times the regular rate at which the employee is employed.

A citation to watch

A brief might cite 29 U.S.C. § 206 for the overtime duty. Section 206 is the minimum-wage provision; the overtime requirement is in section 207. The cite exists, but its text does not support the proposition, so the judge rejects it.

How these citations were verified

Ruled 2026-06-22

Every citation in the answer above was submitted to the Kingsfield judge and ruled against the primary-law corpus — Accept, Reject, or Inconclusive, per citation. These are live verdicts, not editorial. Each card shows the verbatim authority text the verdict was rendered against.

Accept29 U.S.C. § 207(a)(1)

Proposition: An employer must pay a covered nonexempt employee overtime at one and one-half times the regular rate for hours worked over 40 in a workweek.

“§ 207 Maximum hours. No employer shall employ any of his employees … for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed…”

Cite found; proposition supported by the cited text.

Reject29 U.S.C. § 206

Proposition: 29 U.S.C. 206 establishes the FLSA requirement to pay overtime at time-and-a-half for hours worked over 40 in a week.

Cite found, but the cited text does not support the proposition. 29 U.S.C. 206 is the minimum-wage section; the overtime duty is at 29 U.S.C. 207. Regenerate with the correct authority.

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This page is legal information, not legal advice, and does not create an attorney-client relationship. Verdicts reflect the cited authority in the Kingsfield corpus as of the verification date shown above.

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v0.9.4 · 2026.05.26kingsfield.ai