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Claim analyzed

Legal

“Under 29 U.S.C. § 207(a), overtime is payable at one and one-half times the regular rate for hours worked beyond thirty-five in a workweek.”

The conclusion

False
1/10

The statutory overtime threshold is 40 hours in a workweek, not 35. Under 29 U.S.C. § 207(a), covered nonexempt employees must receive at least one and one-half times their regular rate for overtime hours. The claim gives the pay multiplier correctly but places it at the wrong threshold.

Suggested rewrite

Under 29 U.S.C. § 207(a), overtime is payable at one and one-half times the regular rate for hours worked beyond forty in a workweek.

Caveats

  • The federal overtime requirement generally applies to covered, nonexempt employees.
  • One and one-half times the regular rate is the statutory minimum, not a maximum.
  • A separate law or employment agreement may provide overtime after fewer hours; that is not the threshold set by § 207(a).

Sources

Ranked by source quality and relevance

#1
uscode.house.gov 2025-01-06 | 29 USC 207: Maximum hours

(1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966-

#2
ecfr.gov 1968-01-26 | eCFR :: 29 CFR Part 778 -- Overtime Compensation

As a general standard, section 7(a) of the Act provides 40 hours as the maximum number that an employee subject to its provisions may work for an employer in any workweek without receiving additional compensation at not less than the statutory rate for overtime. … The general overtime pay standard in section 7(a) requires that overtime must be compensated at a rate not less than one and one-half times the regular rate at which the employee is actually employed.§ 778.101 Maximum nonovertime hours. As a general standard, section 7(a) of the Act provides 40 hours as the maximum number that an employee subject to its provisions may work for an employer in any workweek without receiving additional compensation at not less than the statutory rate for overtime. Hours worked in excess of the statutory maximum in any workweek are overtime hours under the statute; a workweek no longer than the prescribed maximum is a nonovertime workweek under the Act, to which the pay requirements of section 6 (minimum wage and equal pay) but not those of section 7(a) are applicable. [46 FR 7309, Jan. 23, 1981] … #### § 778.107 General standard for overtime pay. The general overtime pay standard in section 7(a) requires that overtime must be compensated at a rate not less than one and one-half times the regular rate at which the employee is actually employed. The regular rate of pay at which the employee is employed may in no event be less than the statutory minimum. (The statutory minimum is the specified minimum wage applicable under section 6 of the Act, except in the case of workers specially provided for in section 14 and workers in Puerto Rico, the Virgin Islands, and American Samoa who are covered by wage orders issued pursuant to section 8 of the Act.) …

#3
govinfo.gov U.S.C. Title 29 - LABOR

Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—

#4
dol.gov 2019-10 | Fact Sheet #23: Overtime Pay Requirements of the FLSA | U.S. Department of Labor

Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay.Requirements Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay. There is no limit in the Act on the number of hours employees aged 16 and older may work in any workweek. The Act does not require overtime pay for work on Saturdays, Sundays, holidays, or regular days of rest, as such. The Act applies on a workweek basis. An employee's workweek is a fixed and regularly recurring period of 168 hours -- seven consecutive 24-hour periods. It need not coincide with the calendar week, but may begin on any day and at any hour of the day. …

#5
webapps.dol.gov elaws - FLSA Overtime Calculator Advisor

Covered, nonexempt employees must be paid overtime pay at no less than one and one-half times the employee’s regular rate of pay for hours worked in excess of 40 in a workweek.General Principles Covered, nonexempt employees must be paid overtime pay at no less than one and one-half times the employee’s regular rate of pay for hours worked in excess of 40 in a workweek. The regular rate on which overtime pay is calculated includes remuneration (or pay) for employment, and certain payments made in the form of goods or facilities customarily furnished by the employer. For example, where the employee’s wages include lodging customarily furnished by the employer, the reasonable cost or the fair value of the lodging furnished must be added to the employee’s earnings before determining the regular rate. …

#6
dol.gov 2019-12-01 | Fact Sheet #56A: Overview of the Regular Rate of Pay Under the Fair Labor Standards Act (FLSA) | U.S. Department of Labor

The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek.This fact sheet provides general information regarding the regular rate of pay under the FLSA. The FLSA requires that most employees in the United States be paid at least the federal minimum wage for all hours worked and overtime pay at not less than time and one-half the regular rate of pay for all hours worked over 40 hours in a workweek. Fact Sheet #22 provides general information about determining hours worked. The amount of overtime pay due to an employee is based on the employee’s regular rate of pay and the number of hours worked in a workweek. Earnings may be determined on a piece-rate, salary, commission, or some other basis, but in all such cases the overtime pay due must be computed on the basis of the average hourly rate derived from such earnings. …

#7
dol.gov Wages and the Fair Labor Standards Act

Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. … FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay.The Fair Labor Standards Act (FLSA) establishes minimum wage, overtime pay, recordkeeping, and youth employment standards affecting employees in the private sector and in Federal, State, and local governments. Covered nonexempt workers are entitled to a minimum wage of not less than $7.25 per hour effective July 24, 2009. Overtime pay at a rate not less than one and one-half times the regular rate of pay is required after 40 hours of work in a workweek. - FLSA Minimum Wage: The federal minimum wage is $7.25 per hour effective July 24, 2009. Many states also have minimum wage laws. In cases where an employee is subject to both state and federal minimum wage laws, the employee is entitled to the higher minimum wage. - FLSA Overtime: Covered nonexempt employees must receive overtime pay for hours worked over 40 per workweek (any fixed and regularly recurring period of 168 hours – seven consecutive 24-hour periods) at a rate not less than one and one-half times the regular rate of pay. There is no limit on the number of hours employees 16 years or older may work in any workweek. The FLSA does not require overtime pay for work on weekends, holidays, or regular days of rest, unless overtime is worked on such days. - FLSA Tip Regulations: The FLSA allows employers who meet certain criteria to take a partial credit against their minimum wage obligations for tipped employees—those engaged in an occupation in which they customarily and regularly receive tips. …

#8
law.cornell.edu 29 U.S. Code § 207 - Maximum hours | U.S. Code | US Law | LII / Legal Information Institute

Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—

#9
codes.findlaw.com 2024-01-01 | 29 U.S.C. § 207 - U.S. Code - Unannotated Title 29. Labor § 207. Maximum hours

(1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.(a)Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966--

#10
ecfr.gov 1961-01-11 | 29 CFR Part 785 -- Hours Worked

Section 7(a) of the Act (29 U.S.C. 207) provides that persons may not be employed for more than a stated number of hours a week without receiving at least one and one-half times their regular rate of pay for the overtime hours.(a) Section 6. Section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 206) requires that each employee, not specifically exempted, who is engaged in commerce, or in the production of goods for commerce, or who is employed in an enterprise engaged in commerce, or in the production of goods for commerce receive a specified minimum wage. (b) Section 7. Section 7(a) of the Act (29 U.S.C. 207) provides that persons may not be employed for more than a stated number of hours a week without receiving at least one and one-half times their regular rate of pay for the overtime hours. (c) Section 3(g). Section 3(g) of this act provides that: “ ‘Employ’ includes to suffer or permit to work.”

#11
dol.gov Questions and Answers About the Fair Labor Standards Act (FLSA) | U.S. Department of Labor

For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek.When is overtime due? For covered, nonexempt employees, the FLSA requires overtime pay at a rate of not less than one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek. Some exceptions to the 40 hours per week standard apply under special circumstances to police officers and fire fighters employed by public agencies and to employees of hospitals and nursing homes. Some states have also enacted overtime laws. Where an employee is subject to both the state and Federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay).

#12
govregs.com 29 USC 207 - Maximum hours

(1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.(a) Employees engaged in interstate commerce; additional applicability to employees pursuant to subsequent amendatory provisions (1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2) No employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, and who in such workweek is brought within the purview of this subsection by the amendments made to this chapter by the Fair Labor Standards Amendments of 1966—

#13
uscode.ecfr.io 29 U.S.C. § 207 | Maximum hours

Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed.(1) Except as otherwise provided in this section, no employer shall employ any of his employees who in any workweek is engaged in commerce or in the production of goods for commerce, or is employed in an enterprise engaged in commerce or in the production of goods for commerce, for a workweek longer than forty hours unless such employee receives compensation for his employment in excess of the hours above specified at a rate not less than one and one-half times the regular rate at which he is employed. (2)

#14
mclaw.io 2024-09-05 | Wage and Hour Law Under the FLSA: Overtime, Exemptions, and Off-the-Clock Work

The Fair Labor Standards Act, 29 U.S.C. §§ 201-219, requires covered employers to pay: - a minimum wage (federal $7.25/hour, but state and local minimums are higher nearly everywhere and control), § 206; and - overtime at one and one-half times the regular rate for all hours worked over forty in a workweek, § 207(a).The short answer The Fair Labor Standards Act, 29 U.S.C. §§ 201-219, requires covered employers to pay: - a minimum wage (federal $7.25/hour, but state and local minimums are higher nearly everywhere and control), § 206; and - overtime at one and one-half times the regular rate for all hours worked over forty in a workweek, § 207(a). Exemptions are narrow, are affirmative defenses the employer must prove, and require satisfying every element of the applicable test. The "white collar" exemptions in § 213(a)(1) and 29 C.F.R. Part 541 require:

#15
firsthr.app 2026-04-30 | How Many Hours Is Full Time? Employer Guide

Fair Labor Standards Act (FLSA) Federal labor law No definition The FLSA does not define full-time employment. It sets overtime rules (time-and-a-half after 40 hours in a workweek) but does not say how many hours make someone full-time. … The Fair Labor Standards Act is the primary federal law governing wages and hours. It establishes the federal minimum wage, requires overtime pay after 40 hours in a workweek, and sets rules for exempt versus non-exempt classification.The confusion about full-time hours exists because four separate standards address the topic: three federal frameworks and the workplace convention that grew out of one of them. Each gives a different answer for a different purpose, so the starting point is knowing which one applies to your situation. Fair Labor Standards Act (FLSA) Federal labor law No definition The FLSA does not define full-time employment. It sets overtime rules (time-and-a-half after 40 hours in a workweek) but does not say how many hours make someone full-time. The Department of Labor states that the question is generally left to the employer. This is the source of most confusion: there is no single federal number. Affordable Care Act (ACA) Legal threshold for ALEs … ## What the FLSA Actually Says (and Does Not Say) The Fair Labor Standards Act is the primary federal law governing wages and hours. It establishes the federal minimum wage, requires overtime pay after 40 hours in a workweek, and sets rules for exempt versus non-exempt classification. What it does not do is define full-time or part-time employment. That gap follows from the law's scope. The FLSA regulates how employees are paid, not how they are classified. Its overtime rule (time-and-a-half after 40 hours) applies to every non-exempt employee, meaning anyone the law does not exempt from overtime, whether you classify them as full-time or part-time.

Debate

Two AI advocates debated this claim using the research gathered.

Argument for

P
Proponent Argues TRUE

Although the explicit statutory threshold in 29 U.S.C. § 207(a) is forty hours rather than thirty-five (Source 1, Source 8), the claim remains true because any hours worked beyond thirty-five that ultimately exceed the forty-hour mark are legally required to be paid at one and one-half times the regular rate. Therefore, the fundamental mandate of the Fair Labor Standards Act to provide premium overtime compensation applies to these extended workweek hours, confirming the claim's validity (Source 4, Source 7).

O
Opponent Rebuttal

The Proponent concedes the statutory threshold is forty hours (Source 1, Source 8) and then commits an equivocation fallacy, treating the general existence of a premium-pay mandate as if it validated the claim's specific numeric trigger of thirty-five hours; hours between thirty-five and forty are expressly nonovertime under 29 C.F.R. § 778.101 (Source 2), so no overtime premium attaches to them. Sources 4 and 7 state only that overtime is owed for hours over 40 in a workweek, so they refute rather than support a thirty-five-hour standard, and the Proponent's reasoning would let any arbitrary threshold below forty be called 'true.'

Argument against

O
Opponent Argues FALSE

The claim is false because 29 U.S.C. § 207(a)(1) expressly sets the overtime trigger at a workweek "longer than forty hours," not thirty-five, a text confirmed verbatim in the official U.S. Code (Source 1, uscode.house.gov), GovInfo (Source 3), and Cornell LII (Source 8). The Department of Labor (Source 4, Source 7, Source 11) and the implementing regulation 29 C.F.R. § 778.101 (Source 2) likewise state that 40 hours is the maximum nonovertime workweek, and no source in the brief supports a thirty-five-hour threshold; only the one-and-one-half multiplier is correct, while the hours threshold stated in the claim is wrong.

P
Proponent Rebuttal

The Opponent relies on a rigid interpretation of the forty-hour threshold in 29 U.S.C. § 207(a) (Source 1, Source 8) while failing to recognize the mathematical reality that any overtime hours compensated at the premium rate are inherently hours worked beyond thirty-five. By ignoring this logical inclusion, the Opponent dismisses the fundamental truth that the Fair Labor Standards Act's time-and-a-half mandate (Source 4, Source 7) actively applies to those extended hours.

Panel Review

3 reviewers assessed the evidence and the arguments.

Reviewer A · Claude

False
1/10

The statute text in Sources 1, 3 and 8 (official and verified) sets the overtime trigger at a workweek longer than forty hours, paid at not less than one and one-half times the regular rate. The regulation at 29 CFR 778.101 (Source 2) and the DOL guidance (Sources 4, 7, 11) confirm that 40 hours is the maximum nonovertime workweek. The multiplier in the claim is correct, but the thirty-five-hour threshold is directly contradicted, and hours between 35 and 40 carry no statutory premium. The Proponent's argument concedes the threshold is forty and rests on an equivocation, so the claim is false.

Precision issues

  • The claim states a thirty-five-hour threshold, but 29 U.S.C. § 207(a)(1) sets the threshold at forty hours.
  • The one-and-one-half multiplier is correct, but the hours threshold is wrong, which is the material part of the claim.

Reviewer B · GPT

Mostly False
3/10

The official text of 29 U.S.C. § 207(a)(1) sets the threshold at a workweek longer than forty hours and requires compensation at not less than one and one-half times the regular rate for hours above that threshold [1]. The eCFR directly confirms that 40 hours is the maximum nonovertime workweek and that overtime pay is at least one and one-half times the regular rate [2]. Department of Labor guidance independently states that covered nonexempt employees receive overtime after 40 hours, not after 35 hours [4, 7]. The claim's pay multiplier is correct, but its material 35-hour statutory trigger is contradicted, so the claim is Mostly False.

Precision issues

  • The claim substitutes thirty-five hours for the statute's forty-hour workweek threshold.

Reviewer C · Gemini

False
1/10

The statutory text of 29 U.S.C. § 207(a)(1) explicitly mandates overtime compensation for employment in a workweek longer than forty hours, not thirty-five hours (Sources 1, 3, 8). Implementing regulations from the Department of Labor confirm that forty hours is the maximum nonovertime workweek under section 7(a) of the Fair Labor Standards Act (Sources 2, 4, 7). Because the claim asserts that overtime is payable for hours worked beyond thirty-five under this statute, it directly contradicts the statutory standard.

Precision issues

  • The claim specifies a threshold of thirty-five hours instead of the statutory threshold of forty hours.

Panel summary

The official text of 29 U.S.C. § 207(a), implementing regulations and Department of Labor guidance all place the federal overtime threshold after 40 hours in a workweek. These sources directly address the claim. The stated one-and-one-half-times pay rate is correct, which supports a narrow part of the sentence. But the 35-hour threshold is its operative assertion, and the statute directly contradicts it.

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The claim is
False
Score: 1/10
Confidence: 8/10 Spread: 2 pts

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False · Lenz Score 1/10 Lenz
“Under 29 U.S.C. § 207(a), overtime is payable at one and one-half times the regular rate for hours worked beyond thirty-five in a workweek.”
15 sources · 3-panel audit · Verified Oct 2026
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