Usually, yes: federal law lets employers require overtime and sets no cap on hours. Here is what you have to pay for it, and the state rules, contracts and protected reasons that change the answer.
Short answer: in most of the US, yes. Federal law lets employers require overtime and doesn’t cap how many hours an adult employee can work. What the law does control is how that time is paid, and a handful of state rules, contracts and protected situations narrow the “yes.”
What federal law says
The Fair Labor Standards Act (FLSA) sets no limit on daily or weekly hours for employees 16 and older, and it doesn’t require employers to ask for volunteers first. An at-will employee who refuses mandatory overtime can generally be disciplined or let go, unless one of the exceptions below applies.
The FLSA’s real rule is about pay. Non-exempt employees must get at least one and a half times their regular rate for every hour over 40 in a workweek. A few details trip employers up:
- The workweek is fixed. It’s any set 168-hour period you choose, and hours can’t be averaged across two weeks to avoid overtime.
- The regular rate isn’t always the hourly rate. Nondiscretionary bonuses, commissions and shift differentials usually have to be folded in before you calculate time and a half.
- Unapproved overtime still gets paid. You can discipline someone for working overtime without permission, but you can’t withhold pay for hours they worked.
- Exempt employees are different. Salaried employees who meet the salary threshold and duties tests for an exemption aren’t owed overtime at all, though some states set higher salary thresholds than federal law.
Where the answer turns into “it depends”
- State overtime rules. Some states, including California, Alaska, Nevada and Colorado, also require overtime after a set number of hours in a single day, not just after 40 in a week. California adds double time for very long days and extra rules for a seventh consecutive day of work.
- Limits on mandatory overtime. A number of states restrict mandatory overtime for nurses and other healthcare workers, and some states have day-of-rest laws.
- Minors. Federal and state child labor laws limit the hours and times of day that workers under 18 can work, especially during the school year.
- Contracts. A union agreement or an individual employment contract can limit overtime or require that it be offered by seniority or on a voluntary basis first.
- Industry rules. Hours-of-service rules cap working time for commercial drivers and some other safety-sensitive jobs.
- Protected reasons for saying no. An employee who can’t work extra hours because of approved FMLA leave, a disability accommodation, a religious practice, or a genuine safety concern may be protected from retaliation.
Making mandatory overtime work
- Put it in writing. A short overtime policy in your handbook should explain that overtime may be required, how much notice you’ll try to give, and who has to approve it.
- Give notice when you can. People cover childcare, second jobs and classes. A day’s warning goes a long way.
- Share it fairly. Rotating overtime, or offering it to volunteers first, keeps the same few people from burning out.
- Track every hour. Overtime disputes almost always come down to records. Accurate clock-ins, tracked breaks and a clear workweek definition protect you and your team.
With GOAT Payroll, your team clocks in and out from their phones, breaks are tracked automatically, and overtime is calculated for you, so the hours behind every overtime paycheck are already on record.
Frequently Asked Questions
Can I fire an employee for refusing overtime?
For an at-will employee, generally yes. The exceptions are a refusal for a legally protected reason (such as FMLA leave, a disability or religious accommodation, or a real safety concern), a contract or union agreement that limits overtime, or a state law that restricts mandatory overtime for that job.
Do salaried employees get overtime?
Only if they’re non-exempt. Being paid a salary isn’t enough on its own; an employee is exempt only if they meet both the salary threshold and the duties test for an exemption. Salaried, non-exempt employees are owed overtime like anyone else.
Can I give comp time instead of overtime pay?
Not in the private sector. Under the FLSA, private employers have to pay non-exempt employees for overtime; trading it for future time off is generally only allowed for public agencies.
Is there a limit on how many hours an employee can work?
Not under federal law for adults. Limits come from state rules for certain jobs (often healthcare), child labor laws for workers under 18, hours-of-service rules in transportation, and any contract you’ve agreed to.
What if someone works overtime I didn’t approve?
You still have to pay for it. You can enforce your approval policy through discipline, but hours worked are hours paid.
Last reviewed October 2026. This article is general information, not legal advice. Overtime rules vary by state, city and industry and change over time, so check the rules where your employees work or talk to an employment attorney.
