Overtime Laws by State

Overtime rules vary from state to state. While most follow the federal FLSA standard, several states have additional protections — including daily overtime, lower weekly thresholds, and special industry rules. This guide covers all 50 states so you know exactly what applies to you.

Federal FLSA Overview

The Fair Labor Standards Act (FLSA) sets the baseline for overtime across the entire United States:

• Non-exempt employees must receive at least 1.5 times their regular rate for all hours worked beyond 40 in a workweek.
• There is no federal daily overtime requirement.
• There is no federal requirement for double time pay.
• States can provide more protections but cannot offer less than the FLSA minimum.

All 50 States: Overtime Rules at a Glance

States With Special Overtime Rules

California

California has the most comprehensive overtime laws in the country. In addition to the federal 40-hour weekly threshold, California requires:

• Daily overtime: Hours worked beyond 8 in a single day are paid at 1.5x. Hours beyond 12 in a single day are paid at 2x (double time).
• 7th consecutive workday: The first 8 hours on the 7th consecutive day of a workweek are paid at 1.5x. Hours beyond 8 on the 7th day are paid at 2x.
• These rules apply to most non-exempt employees regardless of employer size.

Use our California overtime calculator for precise daily and weekly overtime calculations under CA rules.

Alaska

Alaska requires overtime pay at 1.5x the regular rate for hours worked beyond 8 in a single day, in addition to the standard federal weekly threshold. This makes Alaska one of the few states outside California with daily overtime provisions. The daily overtime rule applies to most employees, though some exemptions exist for seasonal and small-business workers.

Colorado

Colorado requires overtime pay at 1.5x for hours worked beyond 12 in a single day, as well as the standard 40-hour weekly threshold. The 12-hour daily rule applies under the Colorado Overtime and Minimum Pay Standards Order (COMPS Order). Colorado also requires overtime for hours worked beyond 12 consecutive hours regardless of the start time.

Nevada

Nevada has a conditional daily overtime rule: employers must pay 1.5x for hours worked beyond 8 in a single day if the employee's regular rate is less than 1.5 times the state minimum wage. If the employee earns at or above 1.5x the minimum wage, the daily overtime rule does not apply and only the 40-hour weekly threshold governs. This creates a wage-dependent system where lower-paid workers receive extra protection.

Exempt vs Non-Exempt: Applies in All States

Regardless of which state you work in, the exempt vs non-exempt classification determines whether overtime rules apply to you:

• Non-exempt employees are entitled to overtime pay. Most hourly workers and many salaried workers below the salary threshold ($35,568/year) fall into this category.
• Exempt employees — including certain executive, administrative, professional, computer, and outside sales employees — are not entitled to overtime under federal law.
• Some states have their own salary thresholds that may be higher than the federal level.

When in doubt, check with your state labor department or consult an employment attorney to determine your classification.

Frequently Asked Questions