Overtime laws by state

What are the overtime laws in each state?

In most states, overtime follows the federal rule of at least 1.5 times the regular rate for hours over 40 in a workweek (29 U.S.C. §207(a)(1)). A few states add daily overtime. California and Alaska pay it after 8 hours, Nevada after 8 hours for lower-paid workers, and Colorado after 12 hours.

The federal baseline

The Fair Labor Standards Act sets the floor for the whole country. A non-exempt employee who works more than 40 hours in a workweek must be paid at least 1.5 times their regular rate for the extra hours.

A few details trip people up:

• The workweek is fixed. It is seven consecutive 24-hour periods, and the employer chooses the start day and time (29 CFR 778.105). It doesn't have to match the calendar week or the pay period.
• Each week stands alone. Hours can't be averaged across two or more weeks (29 CFR 778.104). A 50-hour week followed by a 30-hour week still has 10 hours of overtime.
• No daily overtime. Federal law doesn't care how long a single day is. Twelve hours on Monday is not overtime by itself.
• No weekend or holiday premium. Federal law doesn't require extra pay for weekend, night, or holiday work. Those hours count toward 40 like any other.
• The regular rate can be higher than the hourly wage. Nondiscretionary bonuses usually count (29 CFR 778.208), which raises the overtime rate.

Some employees are exempt. Executive, administrative, and professional employees can be exempt if they meet both a salary test and a duties test under 29 CFR part 541. A salary on its own doesn't make anyone exempt.

When a state law is more generous to the employee, it applies on top of the federal rule (29 U.S.C. 218(a)). The employee gets whichever gives more.

States that add daily overtime

California (Labor Code §510). Overtime at 1.5× for hours over 8 in a workday and over 40 in a workweek. Double time for hours over 12 in a workday. On the seventh consecutive day of work in a workweek, the first 8 hours are paid at 1.5× and anything past 8 at 2×. California also allows alternative workweek schedules, which change the daily threshold.

Alaska (AS 23.10.060). Overtime at 1.5× for hours over 8 in a day and over 40 straight-time hours in a week. Employers with fewer than 4 employees are not covered by this section.

Nevada (NRS 608.018). Overtime at 1.5× for hours over 8 in a workday, but only for employees paid less than 1.5 times the state minimum wage. The daily rule doesn't apply when employer and employee agree to a schedule of four 10-hour days. Weekly overtime after 40 hours applies to all covered employees. A Nevada workday is the 24 hours from when the employee starts work (NRS 608.0126), not the calendar day. Daily and weekly overtime aren't added together. The larger of the two is owed. Businesses with gross sales under $250,000 a year are exempt. A 2025 amendment (SB 8) left the daily rule unchanged.

Colorado (COMPS Order #40, 7 CCR 1103-1). Overtime at 1.5× for hours over 40 in a workweek, over 12 in a workday, or over 12 consecutive hours regardless of when the workday starts. Whichever calculation gives more overtime applies. Colorado has no double time.

One sector rule: Oregon manufacturing

Oregon (ORS 652.020) limits workers in mills, factories, and manufacturing plants to 10 hours a day, with up to 3 more hours allowed at time and a half. It covers that sector only, so the calculator has no Oregon preset. If it applies to you, use Custom with daily overtime after 10 hours.

Other states can have overtime rules for specific jobs or industries. Each row in the table links to the state's own source.

The same week under four rules

One 45-hour week at $20.00 an hour: Monday 10 h, Tuesday 13 h, Wednesday 8 h, Thursday 8 h, Friday 6 h.

California pays the most because Tuesday's 13th hour is double time. Alaska counts 2 hours over 8 on Monday and 5 on Tuesday. Colorado's 12-hour daily rule gives only 1 hour of overtime here, so the weekly rule's 5 hours count instead. Nevada's daily rule depends on the pay rate. For an employee paid under 1.5 times the state minimum wage, this week works out the same as Alaska.

Open this week with California rulesOpen this week with Alaska rulesOpen this week with Colorado rules

How to read the table

Each row shows the daily threshold, the weekly threshold, notes on coverage, and a link to the state's own source: the statute, regulation, or labor department page. Rows marked "Follows federal" have no state overtime rule stricter than the FLSA. Last checked is the date we last read that source.

When these rules don't settle it

Exempt status, union contracts, California alternative workweek schedules, the hospital 8-and-80 system (29 U.S.C. 207(j)), and comp time for public employees (29 U.S.C. 207(o)) can all change what is owed. This page is a starting point, not legal advice. For a specific case, check your state labor department or the federal Wage and Hour Division.

Last reviewed: November 1, 2026Our sources and method