Overtime Pay Laws by State
The Fair Labor Standards Act (FLSA) establishes wage and hour rules that cover most employers and employees in the American workforce. The FLSA requires nonexempt employees to be paid time-and-a-half for all time worked that exceeds 40 hours in a workweek. Some states have their own requirements for overtime pay that supplement federal labor and employment law.
Employers must ensure that their overtime practices meet the requirements of both the FLSA and state wage laws. Employers who violate overtime pay requirements can be sued by their employees to recover back pay, court costs, attorney’s fees, and additional liquidated damages equal to the back pay amount.
[Download the full State Overtime Laws Chart to easily compare state-by-state overtime rules and rates.]
Which states have double overtime laws?
California is the only state with double-time rules. California requires overtime pay of double an employee’s regular rate of pay for hours worked more than 12 in a day and for hours worked more than eight on a seventh consecutive day of work.
Which states have daily overtime rules?
A few states and jurisdictions have a daily overtime rule in addition to the requirement that overtime be paid for more than 40 hours in a workweek:
- Alaska: Employers must pay employees covered by Alaska’s overtime law 1.5 times their regular rate of pay for hours worked more than eight per day or 40 per week.
- California: Employees covered by California’s overtime law must be paid 1.5 times their regular rate of pay for hours worked more than eight in a day or 40 per week. Overtime pay of double an employee’s regular rate of pay must be provided for hours worked more than 12 a day and for hours worked more than eight on a seventh consecutive day of work.
- Colorado: Employers must pay employees covered by Colorado’s overtime law 1.5 times their regular rate of pay for hours worked more than 12 consecutive hours, 12 hours in a day, or 40 hours per week without regard to the starting and ending time of the workday (excluding duty-free meal periods).
- Florida: For manual laborers, Florida law states that a legal day’s work is 10 hours. Employers must not require manual laborers to work more than 10 hours in a day without extra pay, unless a written contract is signed by the worker and the employer that requires a lesser or greater number of hours of daily labor to be performed.
- Nevada: Covered employees who earn less than 1.5 times the minimum wage and who also work more than eight hours in a 24-hour period are eligible to receive daily overtime at 1.5 times their regular rate of pay.
- Oregon: Employers that are mill, factory, or manufacturing establishments must provide overtime pay to employees at the rate of 1.5 times the regular hourly rate of pay for hours worked more than 10 in a day, or eight hours for some timber-related activities, as well as any hours over 40 in a week.
- Puerto Rico: Employees covered by Puerto Rico’s overtime law and hired on or after Jan. 26, 2017, must be paid 1.5 times their regular rate of pay for hours worked more than eight in any calendar day or 40 in a workweek, regardless of industry.
[Download the full State Overtime Laws Chart to easily compare state-by-state overtime rules and rates.]
Which states start overtime pay after 40 hours a week?
Around half of all states and U.S. jurisdictions have overtime rules requiring employers to pay employees 1.5 times their regular hourly rate for working more than 40 hours in a seven-day period:
- Arkansas
- Connecticut
- District of Columbia
- Hawaii
- Illinois
- Indiana
- Kentucky
- Maine
- Maryland
- Massachusetts
- Michigan
- Missouri
- Montana
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oregon
- Pennsylvania
- Puerto Rico
- Rhode Island
- Vermont
- Washington
- West Virginia
- Wisconsin
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