Working Time Rules: United States
United States: standard working hours, overtime, rest, annual leave, and record-keeping rules - a practical overview, not legal advice.
Statutory working time
The FLSA does not set a general daily or weekly maximum for adult employees. Covered nonexempt employees generally receive overtime after 40 hours in a workweek. State and sector rules can add requirements.
Overtime
Under the federal FLSA, non-exempt employees receive overtime at 1.5x their regular rate for hours over 40 in a workweek. There is generally no federal daily overtime - narrow exceptions exist for some sectors, such as hospitals - and some states (for example California) add daily overtime and other rules.
Rest periods
Federal law does not require ordinary meal or rest breaks, though most nursing employees are entitled to reasonable break time and a private space. Where short breaks are offered, roughly 5 to 20 minutes, federal law counts them as hours worked and they are paid and included when checking whether overtime was reached. Many states set their own break requirements.
Record-keeping
The FLSA requires covered employers to keep accurate records of hours worked and wages for each non-exempt employee, including the hours worked each day and the total for each workweek. No particular form is required. Payroll records are kept for at least three years, and the records wage computations rest on, such as time cards and work schedules, for two.
What to check before you rely on this
- The current statutory limits, reference periods, and any opt-outs.
- Sector or collective-agreement rules that may override the defaults.
- How overtime is authorised, recorded, and compensated.
- What working-time records you must keep and for how long.