Mandatory Overtime Laws: Your Rights as an Hourly Worker

Quick Answer: Is Mandatory Overtime Legal?

Yes, in most cases. Under the Fair Labor Standards Act (FLSA), there is no federal limit on how many hours an employer can require you to work per day or per week, as long as you're 16 or older. The catch: they must pay you at least 1.5x your regular rate for every hour over 40 in a workweek.

State laws often go further. California requires overtime after 8 hours in a single day. Eighteen states restrict mandatory overtime for nurses and healthcare workers. And several states set higher salary thresholds that determine who qualifies for overtime protection.

Starting in 2025, a new federal tax deduction lets nonexempt workers deduct up to $12,500 of qualified overtime pay from their taxable income, so accurate hour tracking now has a direct financial payoff.

What Is Mandatory Overtime?

Mandatory overtime, also called compulsory or forced overtime, is when your employer requires you to work beyond your standard scheduled hours. If you're a full-time employee working a 40-hour week, any hours your employer demands on top of that count as mandatory overtime.

This happens more often than most people think. Roughly one-third of the U.S. workforce regularly works more than 40 hours per week, and about one-fifth works more than 50. National cumulative work hours hit a record 296.7 billion hours in Q4 2024, a 10.7% increase since 2007.

Mandatory vs. voluntary overtime

There's an important difference. Voluntary overtime is when you choose to pick up extra shifts or stay late. Mandatory overtime is when your employer tells you to. Under federal law, the pay rate is the same either way: 1.5x your regular rate for hours over 40 in a workweek. But the consequences of refusing look very different. Decline voluntary overtime and there's usually no issue. Refuse mandatory overtime and you could face disciplinary action, including termination, unless a specific legal protection applies to your situation.

Who does mandatory overtime affect?

Healthcare workers, manufacturing employees, warehouse staff, retail workers during peak seasons, and emergency services personnel deal with mandatory overtime most often. But it can happen in any industry. If your employer has the legal right to set your schedule, they generally have the right to extend it.

Is Mandatory Overtime Legal? What Federal Law Says

Under the Fair Labor Standards Act, mandatory overtime is legal. The FLSA sets no limit on how many hours an adult employee (16 or older) can work in a day or week. What it does require is that nonexempt employees get paid properly for those hours.

The overtime pay requirement

Nonexempt workers must receive at least 1.5 times their regular rate of pay for every hour worked beyond 40 in a workweek. This is federal law, and it applies regardless of whether the overtime was mandatory or voluntary. Your employer can make you work 60 hours in a week, but they have to pay you overtime for the 20 hours above 40.

Exempt vs. nonexempt: which one are you?

This classification determines whether you're entitled to overtime pay at all. To be classified as exempt from overtime, an employee must meet all three criteria:

• Salary basis: Paid a fixed salary, not hourly
• Salary threshold: Earn at least $684/week ($35,568/year) under the federal standard for 2026
• Duties test: Perform executive, administrative, professional, computer, or outside sales duties as defined by the DOL

If you don't meet all three, you're nonexempt and entitled to overtime pay. Most hourly workers are nonexempt.

At-will employment and mandatory overtime

Most U.S. workers are employed at-will, meaning your employer can set the terms of your employment, including your schedule. This is why mandatory overtime is generally legal: your employer has broad authority to determine when and how long you work. The FLSA ensures you're paid for it, but it doesn't prevent your employer from requiring it.

Mandatory Overtime Laws by State: Key Differences

Federal law sets the floor. Many states build on it with protections that go further. When state law is more protective than federal law, the state law applies.

Daily overtime states

Most states only require overtime after 40 hours in a workweek. A handful require it on a daily basis too:

• California: Time-and-a-half after 8 hours/day, double-time after 12 hours/day. Also requires double-time after 8 hours on the 7th consecutive day worked in a workweek.
• Alaska: Time-and-a-half after 8 hours/day
• Colorado: Time-and-a-half after 12 hours/day
• Nevada: Time-and-a-half after 8 hours/day if the employee's regular rate is less than 1.5x the state minimum wage

If you work in one of these states, overtime kicks in earlier. A 10-hour day in California triggers 2 hours of overtime pay even if your weekly total stays under 40.

States with higher salary thresholds

Several states set their own salary thresholds for overtime exemption that exceed the $684/week federal standard. For 2026:

• New York: $1,275/week in NYC and certain counties (Nassau, Suffolk, Westchester)
• California: Tied to 2x the state minimum wage, $1,352/week ($70,304/year)
• Washington: Tied to state minimum wage multipliers, exceeding the federal threshold
• Colorado and Connecticut: Also set higher thresholds that surpass the federal level

A higher salary threshold means more workers qualify as nonexempt and are entitled to overtime pay. If your state's threshold is higher than the federal one, your state's rules apply.

Healthcare and nursing restrictions

Eighteen states restrict or prohibit mandatory overtime for nurses and healthcare workers: Alaska, California, Connecticut, Illinois, Maine, Maryland, Massachusetts, Minnesota, Missouri, New Hampshire, New Jersey, New York, Oregon, Pennsylvania, Rhode Island, Texas, Washington, and West Virginia.

The specifics vary. Some states ban mandatory overtime for nurses outright. Others allow it only during declared emergencies or when patient safety would be at risk from short staffing. If you're a nurse or healthcare worker, check your state's specific statute.

Higher weekly thresholds

A few states don't trigger overtime until more than 40 hours:

• Kansas: 46 hours/week for some employers
• Minnesota: 48 hours/week for certain categories

These are exceptions, not the norm. In most states, the 40-hour federal standard applies.

When Can You Legally Refuse Mandatory Overtime?

Mandatory overtime is legal as a general rule, but there are exceptions. Here are the situations where you may have legal grounds to refuse.

Safety concerns (OSHA)

Under OSHA's General Duty Clause, your employer must provide a workplace free from recognized hazards. If excessive hours create a safety risk (think: operating heavy machinery after a 16-hour shift), you may have grounds to refuse. Document the specific safety concern and report it to OSHA if needed.

Disability accommodations (ADA)

The Americans with Disabilities Act requires employers to provide reasonable accommodations for employees with disabilities. If your disability makes extended hours medically unsafe, a schedule limitation may qualify as a reasonable accommodation. This requires documentation from your healthcare provider and a formal accommodation request.

Family and Medical Leave (FMLA)

If you're on an approved FMLA leave schedule, like intermittent leave for a chronic health condition, your employer cannot force you to work overtime during your protected leave time. FMLA covers employees at companies with 50+ workers who have been employed for at least 12 months.

Union or collective bargaining agreements

If your workplace is unionized, your collective bargaining agreement (CBA) may cap overtime hours, require overtime to be distributed by seniority, or set other limits on mandatory overtime. Check your CBA or ask your union representative.

Employment contracts

If your employment contract specifies a set schedule or maximum hours, your employer may be bound by those terms. This is more common for professional positions but can apply to any written agreement.

Retaliation and discrimination protections

Your employer cannot single you out for mandatory overtime based on race, sex, religion, national origin, age, disability, or other protected characteristics. If overtime is being used as retaliation for filing a complaint or as a form of discrimination, that's illegal under Title VII, the ADA, and other federal and state laws.

What happens if you refuse

In most at-will employment situations without one of the above protections, refusing mandatory overtime can result in disciplinary action up to and including termination. If you're fired for refusing overtime and believe a legal protection applies, you may have grounds for a wrongful termination claim. Document everything: the overtime request, your reason for refusal, your employer's response, and any disciplinary action taken. If you're terminated, apply for unemployment benefits. Many states will grant benefits when the termination was tied to a legitimate legal protection.

The New "No Tax on Overtime" Deduction (2026)

There is one upside to mandatory overtime. The One Big Beautiful Bill Act, signed into law on July 4, 2025, created a new federal tax deduction for overtime pay. If your employer requires overtime and you're tracking your hours, this deduction can save you hundreds or thousands on your tax bill.

How the deduction works

Nonexempt workers covered by the FLSA can deduct qualified overtime compensation from their federal taxable income. The deduction covers the overtime premium, which is the "half" portion of your time-and-a-half pay. For example, if your regular rate is $20/hour and you earn $30/hour for overtime, the deductible portion is the $10 premium per overtime hour.

Deduction limits

• Single filers: Up to $12,500 per year
• Married filing jointly: Up to $25,000 per year
• Phase-out: The deduction phases out at $150,000 (single) / $300,000 (joint) of adjusted gross income

Who qualifies

You must be a nonexempt worker covered by the FLSA's overtime provisions. Exempt salaried workers, independent contractors, and self-employed individuals do not qualify. The deduction applies to tax years 2025 through 2028; it's a temporary provision.

New W-2 reporting

Starting with the 2026 tax year, employers will report qualified overtime compensation on your W-2 in Box 12, code "TT." This amount is what you use to calculate your deduction. Make sure your employer is tracking and reporting this correctly.

Why tracking your hours matters for this deduction

The deduction only works if your overtime hours are documented. If your employer underreports your overtime or misclassifies you as exempt, you lose out on both overtime pay and the tax deduction. Keeping your own records with a time-tracking app like Hours44 gives you a way to verify your W-2 against your actual hours worked. If the numbers don't match, you have the documentation to dispute it.

How to Protect Yourself: Tracking Your Overtime Hours

Whether you're dealing with mandatory overtime, claiming the new tax deduction, or just making sure you're paid correctly, personal time records are your strongest tool.

Why your own records matter

Your employer's timekeeping system may not capture your actual hours worked. Maybe you're required to arrive 15 minutes before clocking in. Maybe your shift runs long but the system caps your hours at the schedule. Courts and the DOL accept personal time-tracking records as evidence when employer records are inaccurate or incomplete. Your personal log can be the difference between proving unpaid overtime and having no case at all.

What to document

For every workday, record:

• Actual start and stop times (when you started working, not just when you clocked in)
• Break start and stop times
• Total hours worked per day
• Total hours per week and overtime hours
• Any mandatory overtime requests (who asked, when, and what was said)

Use a time-tracking app

A phone-based app like Hours44 automatically creates timestamped records of your work hours. It calculates regular and overtime hours for you, so you can compare your records against your pay stubs each week. Digital records with automatic timestamps are stronger evidence than handwritten notes because they're created in real time.

Filing a complaint

If your records show you're not being paid for all your overtime hours, you have options:

• Talk to your employer first. Payroll errors do happen. Bring your records and point out the discrepancy. Some issues get resolved at this stage.
• File a complaint with the DOL. Contact the Wage and Hour Division at 1-866-487-9243 or file online at dol.gov/agencies/whd/contact/complaints. You don't need a lawyer.
• Contact your state labor agency. Many states have their own wage enforcement agencies with faster processing times and additional penalties.
• Consult an employment attorney. For significant unpaid overtime, a private lawsuit or class action may recover more than a DOL complaint alone.

You have 2 years from the violation to file a federal claim under the FLSA (3 years if the violation was willful). Don't wait.

Mandatory Overtime: What It Costs and What It Pays

These examples show how mandatory overtime affects your pay, including the new tax deduction. All calculations assume 50 working weeks per year.

Frequently Asked Questions

Practical Tips for Dealing with Mandatory Overtime

• Track every hour you work. Use a time-tracking app like Hours44 to record your actual start and stop times, including mandatory overtime. Timestamped digital records hold up better than memory if you ever need to dispute your pay.
• Compare your records to your pay stub every week. Check that your overtime hours match what your employer reported. Catch discrepancies early while the details are fresh.
• Know your state's overtime rules. If you work in California, Alaska, Colorado, or Nevada, you may be entitled to daily overtime pay on top of the federal weekly threshold. Check your state's labor department website for the specific rules.
• Keep copies of mandatory overtime requests. Save emails, texts, or written notices requiring you to work overtime. If you ever need to file a complaint or claim, these messages are direct evidence of mandatory overtime.
• Verify your W-2 Box 12 code TT. Starting in the 2026 tax year, your employer should report qualified overtime compensation in this box. Compare it against your own overtime records to make sure the amount is correct before you file your taxes.
• Don't assume you're exempt. Misclassification is common. If you're classified as exempt but don't meet the salary threshold ($684/week federal, higher in some states) and duties test, you may be owed overtime pay you're not getting.

References

• U.S. Department of Labor: Overtime Pay — Official FLSA overtime rules, pay requirements, and exemption criteria.
• IRS: Questions and Answers About the New Deduction for Qualified Overtime Compensation — Official IRS guidance on the no-tax-on-overtime deduction, including eligibility, limits, and W-2 reporting.
• California DIR: Overtime FAQ — California-specific daily overtime rules, including time-and-a-half and double-time thresholds.
• NurseJournal: Understanding Mandatory Overtime for Nurses — State-by-state list of mandatory overtime restrictions for healthcare workers.
• Economic Policy Institute: Mandatory Overtime in the U.S. Economy — Research on the prevalence and economic impact of mandatory overtime for U.S. workers.
• FindLaw: Is Mandatory Overtime Legal? — Legal reference on mandatory overtime rights for employees.