Overtime rules by state
Federal law sets overtime after 40 hours a week. A handful of states go further with daily overtime and double time. Here's how each rule works, with examples.
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The federal rule: over 40 hours in a workweek
The Fair Labor Standards Act (FLSA) covers most employees in the United States. Non-exempt employees must be paid at least one and a half times their regular rate for every hour worked over 40 in a workweek. A few points that trip people up:
- The workweek is fixed. It's a recurring block of seven consecutive 24-hour periods that your employer sets. It doesn't have to match the calendar week, and it can start on any day and hour.
- No averaging. Each workweek stands alone. 50 hours one week and 30 the next is still 10 hours of overtime, even on a biweekly paycheck.
- No federal daily overtime. A 12-hour day isn't overtime under federal law if the week stays at 40 hours or less.
- No federal weekend or holiday premium. Working on a Sunday or a holiday doesn't earn overtime by itself — only hours over 40 do.
- Hours worked, not hours paid. Paid vacation, holidays and sick days you don't work don't count toward the 40 under federal law.
- No comp time instead of overtime pay for private-sector employees. Public employers can, under special rules, give compensatory time off.
When state law gives more than the federal rule, the employee gets the more generous one.
States with daily overtime
| State | Overtime (1.5×) | Double time (2×) | Notes |
|---|---|---|---|
| California | Over 8 hours in a workday; over 40 in a workweek; the first 8 hours on the 7th consecutive day of work in a workweek | Over 12 hours in a workday; over 8 hours on the 7th consecutive day | Approved alternative workweek schedules (such as four 10-hour days) can change the daily threshold. |
| Alaska | Over 8 hours in a day or 40 in a week | — | Applies to employers with four or more employees; voluntary flexible schedules can change it. |
| Nevada | Over 8 hours in a 24-hour workday, for employees paid less than 1.5 × the state minimum wage; over 40 in a week | — | Employer and employee can agree to a schedule of four 10-hour days. |
| Colorado | Over 12 hours in a workday, over 12 consecutive hours, or over 40 in a workweek | — | Set by the state's Overtime and Minimum Pay Standards (COMPS) Order. |
Puerto Rico also has daily overtime after 8 hours. A few states set a weekly threshold above 40 hours for workers not covered by the FLSA, but most employees are covered by the federal 40-hour rule. Rules change — check your state labor department for the current version.
How daily and weekly overtime combine
Hours already paid as daily overtime aren't counted again toward the 40 regular hours for the week. The weekly rule only converts regular hours beyond 40.
Example: California, five 10-hour days (no alternative schedule), $20 an hour
- Each day: 8 regular hours and 2 overtime hours. Five days = 40 regular hours and 10 overtime hours.
- Weekly check: 40 regular hours isn't over 40, so nothing more converts.
- Pay: 40 × $20 + 10 × $30 = $1,100. Under the federal rule alone, 50 hours would also give 40 regular and 10 overtime — the same total this time.
Example: California, four 12-hour days and one 6-hour day, $20 an hour
- Each 12-hour day: 8 regular + 4 overtime. Four days = 32 regular + 16 overtime. The 6-hour day adds 6 regular: 38 regular, 16 overtime, 54 hours in total.
- Federal rule alone would give 40 regular + 14 overtime.
- California pay: 38 × $20 + 16 × $30 = $1,240, versus $1,220 under the federal rule.
Example: California, 7 consecutive days of 6 hours
- Days 1 to 6: 36 regular hours.
- Day 7: the first 8 hours on the seventh consecutive day are overtime, so all 6 hours are paid at 1.5×.
- Total: 36 regular + 6 overtime, even though the week is only 42 hours.
The time card calculator applies these rules day by day when you pick your state.
The overtime rate is based on the regular rate
Overtime is one and a half times the employee's regular rate, which includes most pay for the week — shift differentials, production bonuses and commissions — divided by the hours worked. It can be higher than the base hourly wage. Discretionary bonuses, gifts, paid time off and true premium pay for holidays or weekends are excluded. The shift differential calculator has a worked example.
Who isn't owed overtime
Some employees are exempt, most often salaried executive, administrative, professional, computer and outside sales employees who meet both a minimum salary level and duties tests. Certain jobs have their own rules, such as some agricultural workers, live-in domestic workers, and drivers covered by federal motor carrier rules. A job title or a salary alone doesn't make someone exempt.
Frequently asked questions
Is overtime after 8 hours a day the law?
Only in some states: California, Alaska, Nevada (for lower-paid workers) and Colorado (after 12 hours), plus Puerto Rico. Everywhere else, overtime is based on 40 hours a week unless your employer or contract offers more.
Is double time required by law?
Federally, no. California requires double time after 12 hours in a workday and after 8 hours on the seventh consecutive workday in a workweek.
Can my employer make me work overtime?
Under federal law, generally yes for adults, as long as overtime is paid. Some states and some industries (such as nursing in certain states) limit mandatory overtime.
Does a holiday count toward overtime?
Not federally, if you didn't work it. Hours you actually work on a holiday count like any other hours.
Sources
- U.S. Department of Labor, Wage and Hour Division — Fact Sheet #23: Overtime Pay Requirements of the FLSA; 29 CFR Part 778 (regular rate).
- California Labor Code §510; Alaska Statutes §23.10.060; Nevada Revised Statutes 608.018; Colorado COMPS Order, 7 CCR 1103-1.
- For information only, not legal advice. Check your state labor department for the current rules.