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District of ColumbiaOvertime Rules & Laws (2026)

Last updated: 2026-03-27

Summary: District of Columbia has its own overtime law that is stricter than federal FLSA. Overtime required after 40 hours per workweek at 1.5x regular rate. Salary exemption threshold: $684/week ($35,568/year).

What are the overtime rules in District of Columbia?

Weekly Threshold40 hours
Daily Overtime?NoOnly weekly overtime applies
Overtime Rate1.5x regular rate
Follows FLSA?State lawStricter than federal FLSA

How does District of Columbia differ from federal overtime rules?

DC has its own wage and hour law (DC Minimum Wage Revision Act) that requires overtime after 40 hours. DC law covers more workers than FLSA and has fewer exemptions. DC's minimum wage is among the highest in the nation ($17.95/hr as of July 2025, indexed to CPI).

How to Calculate Overtime in District of Columbia

Example 1: Hourly employee works 45 hours in one week at $20/hr

Hourly rate:$20.00Hours worked:45 hrs/week

40 x $20.00 = $800.00 (straight time) + 5 x $30.00 = $150.00 (overtime at 1.5x)

Total pay: $950.00

Example 2: Hourly employee works 50 hours in one week at $15/hr

Hourly rate:$15.00Hours worked:50 hrs/week

40 x $15.00 = $600.00 (straight time) + 10 x $22.50 = $225.00 (overtime at 1.5x)

Total pay: $825.00

Example 3: Salaried non-exempt employee earns $800/week, works 48 hours

Hourly rate:$20.00 ($800 ÷ 40)Hours worked:48 hrs/week

$800.00 (salary for 40 hrs) + 8 x $10.00 = $80.00 (overtime premium — half-time method)

Total pay: $880.00

Calculate Your Overtime Pay

Enter your details below to see a breakdown of regular, overtime, and total pay.

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This assumes a non-exempt hourly employee. Exempt employees are not entitled to overtime. This calculator provides estimates only — actual pay may vary based on shift differentials, piece rates, bonuses, or other factors. Not legal or payroll advice.

What Counts as "Hours Worked" in District of Columbia?

Under District of Columbia law, the following time must be counted as hours worked for overtime purposes:

  • All time an employee is required to be on the employer's premises or at a prescribed workplace
  • On-call time when the employee is required to remain on or near the employer's premises (not free to use time for personal purposes)
  • Travel time during the workday between job sites (not normal home-to-work commuting)
  • Training, lectures, and meetings if attendance is mandatory or practically required by the employer
  • Meal breaks shorter than 30 minutes, or meal periods where the employee is not completely relieved of duties
  • Time spent donning and doffing required protective equipment or uniforms if integral to the job
  • Waiting time or idle time if the employee is engaged to wait (as opposed to waiting to be engaged)

Who is Exempt from Overtime in District of Columbia?

Salary Threshold$684/week ($35,568/year) — follows federal FLSA minimum
Exempt CategoriesExecutive, administrative, professional (DC generally follows FLSA exemption categories but with some additional protections)
Industry ExemptionsLimited exemptions for certain government workers and bona fide volunteers
To be exempt from overtime, an employee must meet BOTH the salary threshold AND the duties test for their exemption category. If either test is not met, the employee is entitled to overtime.

Overtime Exemption Categories Explained

CategoryRequirements
ExecutiveSalary $684+/week; primary duty is managing the enterprise or a department; customarily directs 2+ full-time employees; authority to hire/fire or recommendations carry weight
AdministrativeSalary $684+/week; primary duty is office or non-manual work related to management/business operations; exercises discretion and independent judgment on significant matters
Professional (Learned)Salary $684+/week; primary duty requires advanced knowledge in a field of science or learning customarily acquired by prolonged specialized intellectual instruction (e.g., law, medicine, engineering)
Professional (Creative)Salary $684+/week; primary duty requires invention, imagination, originality, or talent in a recognized field of artistic or creative endeavor
Computer EmployeeSalary $684+/week or hourly rate of $27.63+; work as computer systems analyst, programmer, software engineer, or similar; primary duties involve systems analysis, design, development, or testing
Outside SalesNo salary requirement; primary duty is making sales or obtaining orders/contracts; customarily and regularly works away from the employer's place of business
Highly Compensated EmployeeTotal annual compensation of $107,432+; performs at least one exempt duty of an executive, administrative, or professional employee; customarily performs office or non-manual work

Must I Pay Unauthorized Overtime in District of Columbia?

Yes — you must pay for all overtime worked, even if unauthorized.

Employers must pay for all overtime worked, even if it was not authorized or was expressly forbidden. An employer may discipline an employee for violating a policy against unauthorized overtime, but cannot withhold pay for hours actually worked. Failure to pay for unauthorized overtime is a wage violation under the FLSA.

Common Overtime Violations to Avoid in District of Columbia

These are the most common overtime mistakes employers make in District of Columbia. Avoiding them protects your business from costly lawsuits and penalties.

  1. 1.Misclassifying non-exempt employees as exempt (especially by title alone without meeting salary and duties tests)
  2. 2.Requiring or permitting off-the-clock work (answering emails, setting up before shifts, cleaning up after shifts)
  3. 3.Averaging hours across two or more workweeks instead of calculating overtime for each individual workweek
  4. 4.Improperly rounding time entries in a way that consistently favors the employer
  5. 5.Failing to include bonuses, commissions, and shift differentials in the regular rate when calculating overtime
  6. 6.Providing comp time instead of overtime pay (allowed for government employers, not private sector under FLSA)

Penalties for Overtime Violations in District of Columbia

Federal FLSA penalties apply: back pay for unpaid overtime plus an equal amount in liquidated damages (effectively double back pay). Willful violations carry a 3-year statute of limitations (vs. 2 years for non-willful). Employers may also face civil penalties of up to $2,451 per violation. Repeated or willful violators can face criminal prosecution with fines up to $10,000 and imprisonment.

What District of Columbia Employers Need to Know

  • DC has its own wage and hour law providing overtime protections
  • Overtime required after 40 hours per workweek at 1.5x regular rate
  • DC's law covers more workers than federal FLSA with fewer exemptions
  • DC's minimum wage is among the highest nationally ($17.95/hr as of July 2025, CPI-indexed)
  • No daily overtime requirement in DC

Frequently Asked Questions

Does DC have its own overtime law?

Yes. The DC Minimum Wage Revision Act requires overtime at 1.5x after 40 hours per workweek. DC law is generally more protective than federal FLSA.

What is DC's minimum wage?

DC's minimum wage is $17.95/hour as of July 2025, indexed to CPI and among the highest in the nation.

Official District of Columbia Resources

This is general information, not legal advice. Requirements change — always verify with the official state agency or a qualified employment attorney. Sources: DC Department of Employment Services — Office of Wage-Hour, U.S. Department of Labor.