Overtime pay-stub checklist

Static educational checklist — not a calculator. No punch inputs, no live math. Use this to spot common FLSA overtime red flags on a wage statement, then verify against the CFR / statute text or an interactive StatutePay tool.

What “regular rate” means on a stub

FLSA overtime is generally 1½× the employee’s regular rate for hours over 40 in a workweek — not merely 1½× whatever line is labeled “hourly.” See 29 U.S.C. § 207(a) and the interpretive definition at 29 CFR § 778.108 (also on eCFR).

Checklist — scan the stub in this order

1. Hours after 40. Does the stub show a workweek total (or clear daily rolls that sum to one workweek)? Flag if hours past 40 are paid at straight time, missing, or lumped into a vague “OT” line with no hour count.
   • Statute baseline: § 207(a) — time-and-a-half for employment in excess of 40 hours.
   • Interactive check (outbound tool): StatutePay FLSA overtime.
2. Regular rate vs. “base hourly.” Look for non-discretionary bonuses, shift diffs, commissions, or other remuneration in the period. If those appear as separate lines but OT is still computed only on a lower base rate, the RR may be understated (778.108 / Part 778 Subpart B generally).
   • Cite: Cornell LII — 29 CFR § 778.108.
   • Related StatutePay tools: FLSA regular rate, 778.210 percentage-of-total bonus.
3. Tip credit / tipped wages. If the cash wage is below full FLSA minimum and a tip credit is claimed, confirm the stub (or accompanying notice practice) makes the credit visible and that OT is not computed on the cash wage alone when tips should affect the analysis under the tip-credit rules.
   • Public reference starting points: 29 CFR § 531.59 (tip credit generally) and state overlays (e.g. StatutePay Connecticut tip credit).
4. Meal / rest premiums and missed-break pay. State meal-premium or missed-break dollars (e.g. California meal premiums) often appear as separate earnings. Ask: are they treated as wages that may enter the RR for FLSA OT in the same workweek, or mis-labeled in a way that hides OT exposure?
   • StatutePay outbound for state meal tools: California meal break, Washington meal/rest.
5. Premium labels that look like OT but may not credit. “Sunday premium,” “daily OT,” or flat “OT bonus” lines can sit in or out of the regular rate and may or may not credit toward statutory OT — structure matters more than the label.
   • Non-calculator tip sheet: 778.202 / 778.203 / 778.310 cheat sheet.
   • StatutePay: 778.202 daily premium, 778.310 lump sums.
6. Workweek boundary. Confirm the stub’s period matches the employer’s fixed workweek. Split weeks, biweekly stubs without a week breakout, or “OT” calculated on a pay-period (not workweek) basis are classic soft spots under § 207(a).

Sources (public)

• Cornell LII — 29 U.S.C. § 207 (maximum hours / overtime)
• Cornell LII — 29 CFR § 778.108 (regular rate of pay)
• eCFR — § 778.108

Educational checklist only — not legal advice, not a pay calculator, and not an audit. Always read the full statute/CFR and apply facts, agreements, and state law. Last updated 2026-09-05. Home · Cheat sheet · StatutePay