You must pay 1.5 times an employee’s regular pay rate for each hour worked over 40 in the workweek (any 168 consecutive hours). Employers can structure the workweek (e.g., starting Sunday at 9 a.m. for 10 hours a day, 4 days a week). Employees cannot waive overtime. You need not count for overtime purposes paid nonwork hours (vacation, holidays, sick days, jury duty, etc.). You may give time off in lieu of overtime only in the same workweek. Hospitals have exceptions under the 8/80 rule. Always check state laws.