Quick answer
- Overtime laws by state start from the federal Fair Labor Standards Act (FLSA): time and a half for hours over 40 in a workweek. Most states use that same rule or have no overtime law of their own.
- Four states count hours by the day: California (after 8, double time after 12), Alaska (after 8), Nevada (after 8, for employees earning under 1.5 times the minimum wage) and Colorado (after 12 hours, or 12 consecutive hours). Oregon has a 10-hour rule for some manufacturers and Kentucky has a 7th-day rule.
- When state and federal law differ, the employee gets whichever pays more. Track hours by day and week, and check your state labor department before you set schedules.
Overtime laws by state decide when a non-exempt employee earns a premium, and the answer changes at the state line. A barista in Texas is paid overtime only after 40 hours in a workweek. The same barista in California earns it after 8 hours on a single day, even if the week totals 32. This guide lays out the federal baseline, the states that add daily overtime, three worked pay examples, and a table for all 50 states and DC with the agency to check. It draws on the U.S. Department of Labor’s state tables and the state statutes and agency pages cited below.
The federal overtime rule
Section 7 of the FLSA (29 U.S.C. 207) says a covered employer may not employ a worker for a workweek longer than 40 hours unless the worker is paid at least one and one-half times the regular rate for the extra hours. That is the whole federal rule: a 40-hour threshold, measured per workweek, at 1.5x. There is no federal daily overtime, no overtime for weekends or holidays, and no averaging of hours across weeks. Our overtime calculation guide shows how to find the regular rate, and time and a half covers the premium itself.
Only non-exempt employees get overtime. To be exempt, an employee must meet a salary test and a duties test. The federal salary threshold is $684 per week, and states such as California, New York, Washington and Colorado set higher ones, so a salaried manager can be exempt in Texas and owed overtime in Colorado. See exempt vs non-exempt for the full tests.
States may be stricter than the FLSA, never looser. If both laws apply, the employer must follow whichever gives the employee more. Many states simply adopt the federal 40-hour rule or have no wage-hour law, so for them the FLSA is the only overtime rule.
States with daily overtime
Daily overtime states count the hours in each workday as well as the week. The list is short, which is why these state overtime laws trip up employers who expand across state lines.
- California. Time and a half after 8 hours in a workday and after 40 in a workweek, and double time after 12 hours in a day. On the seventh consecutive day of a workweek, the first 8 hours are paid at 1.5x and anything over 8 at 2x. Alternative workweek schedules adopted by a secret ballot vote are an exception. Details are in our California overtime law guide.
- Alaska. Time and a half after 8 hours in a day and 40 in a week. The Alaska Department of Labor and Workforce Development approves voluntary flexible plans that allow a 10-hour day, and employers with fewer than four employees are exempt from the premium.
- Nevada. Time and a half after 8 hours in a day, but only for employees paid less than 1.5 times the minimum wage. With Nevada’s $12.00 minimum wage in effect from July 1, 2026, the Labor Commissioner’s 2026 bulletin puts the cutoff at $18.00 an hour. Employees earning more get weekly overtime only.
- Colorado. Time and a half after 12 hours in a workday, after 12 consecutive hours regardless of when the day starts, or after 40 in a workweek, under the Colorado Overtime and Minimum Pay Standards (COMPS) Order. Meal periods that meet the rules can be subtracted when counting the 12. The state’s other wage rules are in our Colorado minimum wage guide.
Two states have narrower daily or consecutive-day rules. Oregon pays time and a half after 10 hours a day in certain canneries, packing plants, mills, factories and manufacturing establishments. Kentucky requires a premium for hours worked on the seventh day of a workweek. Connecticut applies a seventh-consecutive-day rule to restaurants and hotel restaurants.
Daily overtime does not stack on weekly overtime. An hour already paid at the daily premium is not counted again to reach the weekly 40, so each hour earns one premium, the highest that applies.
Worked pay examples
These use illustrative wages. Overtime is 1.5 times the regular rate unless noted.
California, a 36-hour week. Rosa Delgado earns $20.00 an hour and works 10, 10, 8 and 8 hours Monday through Thursday. The week is only 36 hours, so federal law owes no overtime. California counts 2 hours over 8 on Monday and 2 on Tuesday: 4 overtime hours. Pay is 32 regular hours x $20.00 = $640.00, plus 4 x $30.00 = $120.00, for $760.00. Straight time would have been $720.00, so the daily rule adds $40.00.
Colorado, a 14-hour day. Devon Price earns $18.00 and works 14 hours on Monday, then 8 on Tuesday and 8 on Wednesday. Colorado counts 2 hours past 12 on Monday as overtime at $27.00. Pay is 28 x $18.00 = $504.00 plus 2 x $27.00 = $54.00, for $558.00, which is $18.00 above straight time. In Texas the same 30-hour week has no overtime.
Nevada, four 10-hour days. An employee earning $17.00 an hour, under the $18.00 cutoff, who works 10 hours a day for four days (a 4/10 schedule) and has no agreed alternate schedule is owed 2 overtime hours each day: 8 in total. Pay is 32 x $17.00 = $544.00 plus 8 x $25.50 = $204.00, for $748.00 against $680.00 at straight time. An employee at $19.00 working the same hours gets no daily premium. Check the Labor Commissioner’s rules before you rely on an agreed schedule.
For your own hours and rate, use the overtime calculator.
Overtime rules by state: 50 states and DC
The table shows the weekly threshold, any daily rule, notes and the agency that enforces wage-hour law. It follows the U.S. Department of Labor’s state overtime summary, checked against the Colorado, Minnesota, Kansas and Nevada primary sources. “40” means overtime after 40 hours in a workweek at 1.5x, whether it comes from the FLSA, state law or both. Laws change, so confirm with the agency before acting.
| State | Weekly threshold | Daily rule | Notes | Agency |
|---|---|---|---|---|
| Alabama | 40 | None | Follows the FLSA. No state overtime law. | No state wage-hour agency; U.S. DOL Wage and Hour Division |
| Alaska | 40 | After 8 hours a day (1.5x) | A flexible plan approved by the state allows a 10-hour day, with overtime after 10. Employers with fewer than 4 employees are exempt from the daily and weekly premium. | Dept. of Labor and Workforce Development |
| Arizona | 40 | None | Follows the FLSA. | Industrial Commission of Arizona |
| Arkansas | 40 | None | Follows the 40-hour standard. | Dept. of Labor and Licensing |
| California | 40 | After 8 hours a day (1.5x); after 12 (2x) | Seventh consecutive day in a workweek: first 8 hours at 1.5x, beyond 8 at 2x. Alternative workweek schedules are an exception. See our California overtime guide. | DIR, Labor Commissioner's Office (DLSE) |
| Colorado | 40 | After 12 hours a day, or 12 consecutive hours (1.5x) | Set by the COMPS Order. Meal periods that meet the rules can be subtracted from the 12. A few exemptions apply, such as 24-hour direct support shifts. | Dept. of Labor and Employment (CDLE) |
| Connecticut | 40 | None | Restaurants and hotel restaurants: the 7th consecutive day is paid at 1.5x the minimum rate. | Dept. of Labor |
| Delaware | 40 | None | Follows the 40-hour standard. | Dept. of Labor |
| District of Columbia | 40 | None | Follows the 40-hour standard. | Dept. of Employment Services |
| Florida | 40 | None | No state overtime law; the FLSA applies. | No state overtime agency; U.S. DOL Wage and Hour Division |
| Georgia | 40 | None | Follows the FLSA. | Dept. of Labor |
| Hawaii | 40 | None | Employees with guaranteed monthly pay of $4,000 or more are excluded from state minimum wage and overtime. | Dept. of Labor and Industrial Relations |
| Idaho | 40 | None | Follows the FLSA. | Dept. of Labor |
| Illinois | 40 | None | Follows the 40-hour standard. | Dept. of Labor |
| Indiana | 40 | None | Follows the 40-hour standard. | Dept. of Labor |
| Iowa | 40 | None | Follows the FLSA. | Iowa Workforce Development |
| Kansas | 46 (state law) | None | Kansas sets overtime after 46 hours (K.S.A. 44-1204) but excludes employees covered by section 7 of the FLSA, so most employers follow 40. | Dept. of Labor |
| Kentucky | 40 | 7th-day rule | Time and a half for hours worked on the 7th day of a workweek, separate from the weekly rule. Some local government employees may take comp time on written request. | Labor Cabinet |
| Louisiana | 40 | None | Follows the FLSA. | Louisiana Workforce Commission |
| Maine | 40 | None | Follows the 40-hour standard. | Dept. of Labor |
| Maryland | 40 | None | Follows the 40-hour standard. | Dept. of Labor, Labor and Industry |
| Massachusetts | 40 | None | Follows the 40-hour standard. | Attorney General's Fair Labor Division |
| Michigan | 40 | None | Follows the 40-hour standard. | Dept. of Labor and Economic Opportunity |
| Minnesota | 48 (state law) | None | State overtime applies after 48 hours (Minn. Stat. 177.25), but FLSA-covered employees are owed the federal 40-hour rule. | Dept. of Labor and Industry |
| Mississippi | 40 | None | No state overtime law; the FLSA applies. | No state wage-hour agency; U.S. DOL Wage and Hour Division |
| Missouri | 40 | None | Premium pay after 52 hours in seasonal amusement or recreation businesses. Small retail and service businesses are excluded from the state law. | Dept. of Labor and Industrial Relations |
| Montana | 40 | None | Follows the 40-hour standard. | Dept. of Labor and Industry |
| Nebraska | 40 | None | Follows the 40-hour standard. | Dept. of Labor |
| Nevada | 40 | After 8 hours a day (1.5x), only if pay is under 1.5x the minimum wage | At the $12.00 minimum wage, the cutoff is $18.00 an hour. Higher-paid employees get weekly overtime only. | Office of the Labor Commissioner |
| New Hampshire | 40 | None | Follows the 40-hour standard. | Dept. of Labor |
| New Jersey | 40 | None | Follows the 40-hour standard. | Dept. of Labor and Workforce Development |
| New Mexico | 40 | None | Follows the 40-hour standard. | Dept. of Workforce Solutions |
| New York | 40 | None | Live-in residential workers: overtime after 44 hours. Farm workers have a separate, phased schedule. One extra hour at minimum wage for a split shift or a spread of hours over 10. | Dept. of Labor |
| North Carolina | 40 | None | Premium pay after 45 hours in seasonal amusement or recreational establishments. | Dept. of Labor |
| North Dakota | 40 | None | Follows the 40-hour standard. | Dept. of Labor and Human Rights |
| Ohio | 40 | None | Follows the 40-hour standard. | Dept. of Commerce, Wage and Hour Bureau |
| Oklahoma | 40 | None | Follows the 40-hour standard. | Dept. of Labor |
| Oregon | 40 | After 10 hours a day in certain plants (1.5x) | The daily rule covers nonfarm canneries, driers, packing plants, mills, factories and manufacturing establishments. Sawmills, planing mills, shingle mills and logging camps are excluded. | Bureau of Labor and Industries (BOLI) |
| Pennsylvania | 40 | None | Follows the 40-hour standard. | Dept. of Labor and Industry |
| Rhode Island | 40 | None | Time and a half for Sunday and holiday work in retail and certain other businesses, under separate laws. | Dept. of Labor and Training |
| South Carolina | 40 | None | No state overtime law; the FLSA applies. | Dept. of Labor, Licensing and Regulation |
| South Dakota | 40 | None | Follows the FLSA. | Dept. of Labor and Regulation |
| Tennessee | 40 | None | Follows the FLSA. | Dept. of Labor and Workforce Development |
| Texas | 40 | None | Follows the FLSA. The Texas Minimum Wage Act does not add overtime. | Texas Workforce Commission |
| Utah | 40 | None | Follows the FLSA. | Labor Commission |
| Vermont | 40 | None | State overtime applies to few employers because many establishments are exempt. | Dept. of Labor |
| Virginia | 40 | None | Follows the 40-hour standard. | Dept. of Labor and Industry |
| Washington | 40 | None | No premium owed to an employee who asks for compensating time off instead (see Washington rules). Agricultural workers get overtime after 40 hours. | Dept. of Labor and Industries (L&I) |
| West Virginia | 40 | None | Follows the 40-hour standard. | Division of Labor |
| Wisconsin | 40 | None | Follows the 40-hour standard. | Dept. of Workforce Development |
| Wyoming | 40 | None | Follows the FLSA. | Dept. of Workforce Services |
Source: U.S. Department of Labor, Wage and Hour Division, “State Minimum Wage Laws” notes on overtime; Colorado COMPS Order (CDLE); Minn. Stat. 177.25; K.S.A. 44-1204; Nevada Labor Commissioner 2026 bulletin. Local ordinances, collective bargaining agreements and industry orders can add rules this table does not show.
Odd thresholds and special rules
Kansas (46) and Minnesota (48). Both states write a threshold above 40 into law, but the Kansas statute excludes employees covered by section 7 of the FLSA, and Minnesota’s law mainly reaches employees outside the FLSA. If your business is in interstate commerce, which includes most employers that take card payments, order supplies from other states or ship products, the 40-hour federal rule governs.
Seasonal and industry rules. Missouri pays a premium after 52 hours in seasonal amusement or recreation businesses, North Carolina after 45 hours in similar establishments, and New York after 44 hours for live-in residential workers. Puerto Rico and the Virgin Islands add daily overtime after 8 hours, which matters if you employ staff there.
Comp time and time off in lieu. Private employers under the FLSA must pay overtime in cash (see our comp time guide). Washington allows time off instead of premium pay at the employee’s request, and Colorado does not allow comp time for covered employers.
Rest days, split shifts and breaks. New York adds one extra hour at minimum wage for a split shift or a spread of hours over 10. Meal and rest break rules also change what counts as hours worked, so pair this guide with lunch break laws by state, and see minimum wage by state for the base rates overtime is calculated on.
What employers should do
- Set the workweek in writing. A fixed, recurring 168-hour period, such as Sunday to Saturday, is the base for every weekly calculation.
- Find every rule that applies per location. If you have staff in California, Alaska, Nevada or Colorado, daily hours need their own check. A multi-state team needs different rules by work site.
- Count all hours worked. Time spent on pre-shift setup, closing duties and required training counts. Paid leave does not count toward the 40.
- Include extras in the regular rate. Nondiscretionary bonuses and shift differentials raise the rate overtime is based on.
- Approve overtime, but pay it either way. You can discipline for unapproved overtime. You cannot refuse to pay hours that were worked.
- Keep the records. Federal rules require payroll records for 3 years and time cards for 2. State laws can require longer.
Time clock data makes these steps routine. Workzenly’s time clock records start, stop and break times, and payroll uses the approved hours, so the numbers behind overtime laws by state come from one place.
Frequently asked questions
Which states have daily overtime?
California, Alaska, Nevada and Colorado have daily overtime. California pays 1.5x after 8 hours and 2x after 12. Alaska pays after 8 hours. Nevada pays after 8 hours only to employees earning under 1.5 times the minimum wage. Colorado pays after 12 hours in a day or 12 consecutive hours. Oregon adds a 10-hour day rule for certain manufacturing employers.
Does my state follow the federal 40-hour overtime rule?
Most do. The Fair Labor Standards Act requires 1.5 times the regular rate for hours over 40 in a workweek, and the large majority of states either adopt that same 40 hours or have no overtime law of their own. If your state law is stricter, the employee gets whichever rule pays more.
Which law applies if state and federal overtime rules differ?
The rule that is more generous to the employee applies. An employer covered by both the FLSA and a state law must meet the higher standard. For example, a California employee who works 10 hours on Monday is owed daily overtime even if the full week stays under 40 hours.
Do any states set overtime at more than 40 hours a week?
Yes, on paper. Kansas sets overtime after 46 hours and Minnesota after 48 hours, but both laws mainly reach employees who are not covered by the FLSA. Most employers are covered, so they follow the federal 40-hour rule. Missouri and North Carolina have longer thresholds for seasonal amusement businesses.
Do salaried employees get overtime under state laws?
Only if they are non-exempt. Exempt status needs the salary test and a duties test, and several states set higher salary thresholds than the federal $684 per week, including California, New York, Washington and Colorado. A salaried employee below the threshold or without exempt duties is owed overtime.
Can an employer give comp time instead of overtime?
Generally no for private employers. Under the FLSA, a private employer must pay overtime in cash. Comp time in place of overtime pay is allowed for most state and local government employees, and Washington lets an employee request time off instead. Colorado does not allow comp time for covered employers.