How it’s calculated in Korea
Article 56 of the Labor Standards Act requires a premium on top of your ordinary wage for overtime, night and holiday work. Multiply your ordinary hourly wage by these rates:
Holiday pay = hourly wage × (hours up to 8 × 1.5 + hours over 8 × 2)
Night premium = hourly wage × night hours × 0.5
Night work (10 p.m. to 6 a.m.) only adds the 50% premium, because the base 100% is already in your regular, overtime or holiday pay. So overtime after 10 p.m. pays 1.5 + 0.5 = 200% of your hourly wage.
Examples (2026 minimum wage ₩10,320, 5+ employees)
| Work | Pay |
|---|---|
| 10 overtime hours | ₩154,800 |
| 2 overtime hours after 10 p.m. (overtime + night) | ₩41,280 |
| 4 regular hours at night (premium only) | ₩20,640 |
| 8 holiday hours | ₩123,840 |
| 10 holiday hours | ₩165,120 |
Good to know
- Ordinary hourly wage (통상시급) is your base pay plus allowances paid regularly, uniformly and as fixed amounts. On a monthly salary, divide the monthly ordinary wage by the monthly contract hours (209 for a 40-hour week).
- Workplaces with 4 or fewer employees are not covered by Article 56 (Enforcement Decree, Annex 1). There is no premium, but you must still be paid for the extra hours.
- Holiday work is paid only as holiday pay: 100% extra for hours over 8, without adding the overtime premium again for the same hours.
- Overtime is capped at 12 hours a week, even with your agreement (Art. 53).
- Foreign workers are covered the same way (Art. 6, equal treatment).
U.S. rules (federal FLSA)
The federal Fair Labor Standards Act requires at least 1.5 times your regular rate for hours over 40 in a workweek. Working more than 8 hours in a day, or on a weekend or holiday, does not by itself earn a premium under federal law — only the weekly total over 40 does. Some salaried executive, administrative and professional employees can be exempt.
For example, $20 an hour for 45 hours is $800.00 regular pay plus 5 hours × $30.00 = $950.00. If your state is more generous, its rule applies: California pays 1.5× after 8 hours in a day and 2× after 12, with extra rules for the seventh consecutive day of work.
FAQ
What if my overtime runs past 10 p.m.?
Those hours get both the 50% overtime premium and the 50% night premium, for 200% of your hourly wage. Enter them in both the overtime and night fields.
How much is 10 hours of holiday work?
150% for the first 8 hours and 200% for the 2 hours after that. At the ₩10,320 minimum wage that is ₩123,840 + ₩41,280 = ₩165,120.
Do small workplaces pay overtime premiums?
Workplaces with 4 or fewer employees do not have to pay the premium; you get 100% of your hourly wage for the extra hours, unless your contract or company rules give more.
In the U.S., is a 10-hour day overtime?
Not under federal law, which looks at the week: you get 1.5× only for hours over 40 in the workweek. Some states, such as California, also pay overtime after 8 hours in a day.
Sources
- Labor Standards Act, Art. 56 (Korean Law Information Center)
- Enforcement Decree, Annex 1 (rules for workplaces with 4 or fewer employees)
- Ministry of Employment and Labor
- U.S. Department of Labor — Overtime pay
- California Labor Commissioner — Overtime FAQ