A quick-reference guide to common overtime and wage and hour terms. Select a term below to jump to its definition, or visit the Overtime Resource Center for full articles on each topic.
- Back Pay
- Bonus (Non-Discretionary)
- Comp Time
- Day Rate
- Double Time
- Exempt Employee
- FLSA (Fair Labor Standards Act)
- Independent Contractor
- Liquidated Damages
- Misclassification
- Non-Exempt Employee
- Off-the-Clock Work
- Overtime
- Regular Rate of Pay
- Retaliation
- Salary Basis Test
- Statute of Limitations
- Time and a Half
- Wage Theft
- White-Collar Exemption
Back Pay
Wages owed for past unpaid overtime.
Bonus (Non-Discretionary)
How bonuses factor into the regular rate.
Comp Time
Time off in lieu of overtime pay — legality varies.
Day Rate
Flat daily pay structure and its overtime implications.
Double Time
Pay at twice the regular rate in specific circumstances.
Exempt Employee
Employee not entitled to overtime under FLSA exemptions.
FLSA (Fair Labor Standards Act)
The federal law establishing overtime rights.
Independent Contractor
Worker classification exempt from most wage/hour protections.
Liquidated Damages
Additional damages equal to back pay in many unpaid wage cases.
Misclassification
Incorrectly labeling an employee as exempt or a contractor.
Non-Exempt Employee
Employee entitled to overtime pay under FLSA.
Off-the-Clock Work
Unpaid work performed outside recorded hours.
Overtime
Pay owed at 1.5x rate for hours worked beyond 40/week.
Regular Rate of Pay
The base rate used to calculate overtime.
Retaliation
Adverse action against an employee for asserting wage rights.
Salary Basis Test
One prong of the test determining exemption status.
Statute of Limitations
Legal time limit to file an overtime claim.
Time and a Half
The 1.5x pay rate required for overtime hours.
Wage Theft
Umbrella term covering unpaid overtime and off-the-clock work.
White-Collar Exemption
Collective term for executive, administrative, and professional exemptions.