For business owners · 3 min read
Peak season: how to handle overtime without exceeding the cap
Short answer
The overtime cap is per week and per person, and it does not expand in peak season. Plan relief shifts before it starts.
What to do
- Hire temporary staff.
- Spread the overtime across more people.
- Stagger shifts.
- Watch daily who is nearing the cap.
How to do the math by hand
Take a salary of $400 per day on a day shift. The ordinary hour is worth 400 ÷ 8 = $50. In 2027, with 11 overtime hours in the week, the first 9 are paid at double time (9 × $100 = $900) and the remaining 2 at triple time (2 × $150 = $300). Total: $1,200.
The reform in one minute
The reform has two parts. On March 3, 2026, article 123 of the Constitution was amended to set the 40-hour workweek. On May 1, 2026, the Federal Labor Law was amended, which is where the detail is.
- The maximum working week drops from 48 to 40 hours, two hours per year, between 2027 and 2030.
- Overtime has a weekly cap: it is paid at double time up to the cap and at triple time for up to 4 more hours.
- Each company must electronically record the start and end time of each person's workday.
- Not keeping that record is fined 250 to 5,000 UMA.
- Salary and benefits cannot go down because of the reduction in hours.
What remains pending are the STPS general rules, which will define who the record applies to and what exceptions there will be. They take effect on January 1, 2027.
| Year | Maximum working hours | Double-time overtime | Triple-time overtime |
|---|---|---|---|
| 2026 | 48 h | 9 h | 4 h |
| 2027 | 46 h | 9 h | 4 h |
| 2028 | 44 h | 10 h | 4 h |
| 2029 | 42 h | 11 h | 4 h |
| 2030 | 40 h | 12 h | 4 h |
Decree published in the Official Gazette of the Federation on May 1, 2026, second and fourth transitory provisions, and article 68 of the LFT. Each change applies from January 1.
Common mistakes
- Leaving it for December.
- Choosing only by price, without checking whether the team will use it.
- Thinking the notebook is still enough.
- Not agreeing on the record in writing.
- Paying differently from what the record shows.
What to do now
- Ask your accountant and your lawyer what applies to you.
- Calculate how many hours you need to reorganize.
- Decide how you will record working time.
- Start before January.
- Review the record every day during the first month.
Related terms
What is attendance control. Attendance control is any means of knowing who came to work and at what time.
Day shift: schedule and maximum length. The day shift is the one worked between 6:00 a.m. and 8:00 p.m.
What is NOM-035. NOM-035 is the STPS standard that requires identifying and preventing psychosocial risk factors at work, such as excessive workloads and long workdays.
Frequently asked questions
Can I pay triple and keep going?
Only up to 4 more hours per week.
Does this replace the advice of a lawyer?
No. It is general information. For decisions about your company, consult a labor lawyer.
Does the law require a particular system?
No. It asks that the record be electronic and include the start and end time for each person.
What happens when the STPS publishes its rules?
They will specify who the record applies to and its exceptions. It is worth checking them as soon as they appear in the Official Gazette of the Federation.
Is the maximum workday per day or per week?
There are two limits: a daily one, which did not change, and a weekly one, which drops from 48 to 40 hours between 2027 and 2030.
Legal basis and sources
- Overtime: articles 66 and 68 of the LFT and fourth transitory provision of the decree.
- Decree amending the Federal Labor Law on the reduction of the working week. Official Gazette of the Federation, May 1, 2026.
- Federal Labor Law, current text. Chamber of Deputies.
How we write this content. The Sicheca team writes it from the official text of the law. When something is not yet defined by the authority, we say so. It is general information and does not replace the advice of a lawyer or an accountant.