Overtime on shift work, explained

Hour 41 is not automatically overtime: what counts depends on where you work and what your contract averages. Here is what the law actually guarantees in the UK and the US, and how to check your payslip against your own record.

Updated: August 2026

What counts as overtime on a rota

Overtime is time worked beyond your contracted hours, but the reference period matters. In the US, non-exempt workers count a fixed workweek: everything over 40 hours in that week is overtime, no averaging. In the UK, your contract defines both the threshold and the rate.

1.5×US federal floor over 40 h/week (FLSA)

£0 extraUK statutory overtime premium (none)

48 hUK average weekly cap unless you opt out

On rotating patterns the distinction bites: a 44-hour week followed by a 32-hour week is two overtime hours less 8 in the US workweek system, while a UK annualised-hours contract may average the two and owe you nothing. Read the contract clause before the payslip.

How much overtime is allowed

The UK caps average working time at 48 hours a week (over a 17-week reference period) unless you sign an opt-out; rest rules of 11 hours between shifts still apply. The US federal law sets no cap on hours for adults, it only makes hours past 40 more expensive.

What the law guarantees in pay

In the US, the FLSA guarantees non-exempt workers time and a half of the regular rate for every hour past 40 in a workweek. In the UK there is no statutory overtime premium at all: the rate is whatever the contract says, as long as average pay stays at or above the minimum wage.

Where	Legal floor	Who sets the real rate
US (non-exempt, FLSA)	1.5× the regular rate past 40 h/week	federal law; states can add more
UK	no statutory premium	your contract or collective agreement
UK average cap	48 h/week average, 17-week reference	opt-out possible, rest rules still apply

Collective agreements and many employers do pay premiums (1.25×, 1.5×, double time on holidays), but in the UK that generosity comes from the contract, never from statute.

Pay or time off in lieu (TOIL)?

Time off in lieu is a contract question in both countries. US federal law does not let private employers swap overtime pay for comp time: non-exempt overtime must be paid. In the UK, TOIL is legal and common, provided the arrangement keeps you above minimum wage on average.

How to check your payslip

Three steps: log real start and end times for every shift, total the period your contract uses (workweek, roster cycle or year), and compare the overtime line on the payslip with your own record, both the hours and the rate.

If the numbers disagree, ask payroll for the calculation in writing. A daily record you kept yourself is exactly the evidence a wage claim starts from.

How Kuadri keeps the count

Kuadri adds up every minute past your contracted hours and prices it with your overtime rate, alongside night and holiday differentials. You see the month's gross before payday and can export the detail to PDF or CSV to check line by line.

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FAQ

Is overtime pay required by law?

In the US, yes for non-exempt workers: time and a half past 40 hours in a workweek (FLSA). In the UK, no: there is no statutory overtime rate, your contract governs, and only the minimum-wage average is protected.

Can my employer give me time off instead of paying?

In the UK, yes, if the contract provides for time off in lieu. In the US, private employers cannot swap non-exempt overtime pay for comp time: those hours must be paid.

I work rotating shifts, is hour 41 always overtime?

In the US, over 40 in the fixed workweek is overtime, no averaging. In the UK it depends on the contract: annualised-hours schemes average busy and quiet weeks, so a single 44-hour week may generate nothing.

Is there a limit to how many hours I can work?

The UK caps the average at 48 hours a week over 17 weeks unless you opt out, and guarantees 11 hours of daily rest. US federal law sets no adult hour cap; it only prices hours past 40 higher.