Last updated: Oct 16, 2026, 11:47 AM
| New for 2026: The One Big Beautiful Act has "no taxes on tips" and "no taxes on overtime" provisions. This means individual employee tax deductions are available for eligible employees when they file their 2025 personal income tax return in 2026. To aid in this personal tax filing, Toast payroll has indicated these tip amounts and overtime premium amounts on employee profiles in Toast Payroll under My Profile > Taxes & Documents > Year End Documents. Toast Payroll: No Tax on Tips and/or Overtime offers more information. See an accountant or tax professional for advice.
If you do not see My Profile on the left side of the screen, select Payroll from the Toast Web navigation rail on the left to make the Toast Payroll navigation rail appear. |
| The Blended Overtime guide may also assist restaurants where employees work multiple jobs at different rates. Similarly, there are situations when employees earn overtime when they work in two or more locations and Toast Payroll: Overtime Across Different Locations can offer more details. |
Per the Fair Labor Standards Act (FLSA), covered nonexempt employees must receive overtime (OT) pay for all hours worked over 40 in a workweek at a rate not less than time and one-half their regular rate of pay. See the complete set of guidelines by visiting the Department of Labor's Overtime Pay page or find information on exempt employees here.
Many factors can contribute to overtime calculations. Listed below are some of the relevant factors and a description of how these factors contribute to setting up the rate for and generating overtime within the Toast system:
Settings configured by Toast employees:
Whether you are reviewing or approving timesheets, running payroll, or have already submitted payroll, overtime may be tracked within the Toast Payroll system.
Access current employee timesheets by navigating to Time. (If you do not see Time on the left side of the screen, select Payroll from the Toast Web navigation rail on the left to make the Toast Payroll navigation rail appear.) Note the Overtime Hours column. Then select a link under the Timesheet column to see more data.
To review historical data for individual employees, locate their profile in Toast Payroll and select Pay History > Timesheets. The graph and table below can assist with viewing overtime at a glance or select a timesheet to see more data.
During a payroll run, overtime will appear on the Employee Earnings step as an earning. The $13 rate for overtime is calculated using formulas in scenario 2 in this section of the article.
Once payroll has been calculated within the system, the Review and Submit step offers several reports for employers to review for accuracy before submitting payroll. The Payroll Exception report combines all overtime hours into a table for easy review. You may also view this report after submitting payroll by navigating to Payroll > Past Payrolls tab > View for the intended payroll. (When the Toast Web and Toast Payroll navigation menus are both visible, select Payroll from the Toast Payroll navigation sub-menu. If you don't see the Toast Payroll sub-menu, selecting Payroll from the Toast Web navigation menu will expand it.)
The FSLA overtime fact sheet provides that covered nonexempt employees begin receiving overtime following 40 hours in a workweek. State laws may have additional regulations which employers may also be subject to. In the following two scenarios, covered nonexempt employees with a single rate of hourly pay are receiving overtime wages pursuant to the FLSA (see Toast Payroll: Get Help With Blended Overtime for additional information on employees with multiple jobs or with different rates of pay). The first scenario describes a situation where an employee's regular rate is at or above the federal minimum wage rate. The second scenario describes a situation where an employee's regular rate of pay is less than the federal minimum wage rate.
Regular pay: Regular hours x regular hourly rate: 40 hours x $15 = $600
Overtime premium rate: Regular hourly rate x 1.5: $15 x 1.5 = $22.50
Overtime premium pay: Overtime hours x overtime premium rate: 5 hours x $22.50 = $112.50
Gross pay: Regular pay + overtime premium pay: $600 + $112.50 = $712.50 in gross pay
Regular pay: Hours worked x regular hourly rate: 50 hours x $5.45 = $272.50
Tip credit hourly rate: Federal minimum hourly rate - regular hourly rate: $7.25 - $5.45 = $1.80
Tip credit: Hours worked x tip credit hourly rate: 50 hours x $1.80 = $90
Tips received: $100
Tip credit make-up: Tip credit - tips received: $90 - $100 = - $10
Federal minimum wage pay: Hours worked x federal minimum hourly rate: 50 hours x $7.25 = $362.50
Regular pay + tips: (Hours worked x regular hourly rate) + tips: (50 hours x $5.45) + $100 = $372.50
Adjusted hourly rate of pay: (Regular pay + tips) / hours worked: $372.50 / 50 hours = $7.45
Overtime premium rate: Adjusted hourly rate of pay x .5: $7.45 x .5 = $3.725
Overtime premium pay: Overtime premium rate x overtime hours worked: $3.725 x 10 hours = $37.25
Gross pay: Regular pay + tips + overtime premium pay: $272.50 + $100 = $37.25 = $409.75 in gross pay
If an employee works overtime in California, the regulations below are enforced by the system:
Toast Payroll has logic built-in to accommodate the overtime laws of Colorado.
Nevada measures a workday as a 24-hour window that starts when the employee first clocks in, not as a calendar day from midnight to midnight. For example, if an employee clocks in at 1:00 p.m. on Monday, their workday runs until 1:00 p.m. on Tuesday. Hours worked over eight in that 24-hour workday are paid as overtime for applicable employees.
Nevada daily overtime will calculate for any employee's daily overtime threshold when it is set to Follow State Regulations; this is the system's default setting.
Nevada daily overtime applies to employees who:
Employees who earn $18 per hour or more receive weekly overtime only, after 40 hours in a workweek. Daily and weekly overtime do not stack. The employee receives whichever calculation pays more.
For example, let's say a line cook earns $15 per hour:
Nevada Overtime Settings Changed on October 19th, 2026
On October 19th, 2026, Toast Payroll set the daily overtime settings for employees at Nevada work tax locations to Follow State Regulations. If you previously set employees to OT after 8 hours to approximate Nevada rules, you no longer need to do that. New hires will use the Follow State Regulations setting by default.
If your business uses a different daily overtime policy than the Nevada state calculation, update the daily overtime threshold on each employee's Toast Payroll profile (see the instructions below). Manage Your Overtime Thresholds in Toast Web and Toast Payroll explains each setting.
Nevada Overtime Hours Without Regular Hours
A Nevada employee's timesheet can show overtime hours with no regular hours. This happens when the employee's 24-hour workday spans two pay periods. For example, the last day of one pay period shows eight regular hours and one overtime hour, and the first day of the next pay period shows eight overtime hours.
For more on Nevada overtime law, use the HR Toolkit provided by Mineral.
This content is for informational purposes and is not intended as legal, tax, HR, or any other professional advice. Please contact an attorney or other professional for advice. Additional information on overtime requirements can be found on the federal and state regulator websites as well as the Toast HR Toolkit powered by Mineral.