Reference Guide

Overtime Laws by State — 2025

A complete reference to overtime pay requirements for all 50 states and DC — daily thresholds, weekly thresholds, double time rules, and state-specific notes.

📅 Last updated: April 2026  ·  Based on 2025 FLSA rules and state labor statutes  ·  Verify with your state labor department for the latest

The Federal Baseline: How Overtime Works

Overtime law in the United States starts with the federal Fair Labor Standards Act (FLSA), which requires employers to pay non-exempt employees at least 1.5 times their regular rate for all hours worked beyond 40 in a workweek. This applies in every state — no state can offer less protection than the federal floor, but states can and do go further.

The FLSA's overtime provisions apply to most private and public employers. Key points of the federal rule:

⚠️ Job title ≠ exempt status. Calling someone a "manager" or putting them on salary does not automatically make them overtime-exempt. Both the salary level test AND the duties test must be met. Misclassifying non-exempt employees is one of the most common and costly wage-and-hour violations.
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States with Rules Beyond Federal Law

Four states have overtime requirements that exceed the federal FLSA baseline. If you work or employ people in these states, their rules apply — not just the federal ones.

🏴 California
Daily overtime
1.5× after 8 hrs/day or 40 hrs/week
Double time
after 12 hrs/day
after 8 hrs on the 7th consecutive workday
7th-day rule
1.5× for first 8 hrs on 7th consecutive day
🏔️ Alaska
Daily overtime
1.5× after 8 hrs/day
Weekly overtime
1.5× after 40 hrs/week
Note
Both daily AND weekly thresholds apply independently
🎰 Nevada
Daily overtime (conditional)
1.5× after 8 hrs/day — applies only to employees earning less than 1.5× Nevada's minimum wage
Weekly overtime
1.5× after 40 hrs/week (all employees)
⛰️ Colorado
Daily overtime
1.5× after 12 hrs/day or 12 consecutive hours worked (even if spanning 2 calendar days)
Weekly overtime
1.5× after 40 hrs/week

All 50 States + DC: Overtime Rules at a Glance

Most states follow the federal FLSA baseline — overtime after 40 hours per week at 1.5× the regular rate, with no mandatory daily overtime. States with additional rules are flagged. Always verify with your state labor department, as thresholds and minimum wages are updated regularly.

State Weekly OT Threshold Daily OT Threshold Double Time Notes
Alabama40 hrsNoneNone requiredFollows FLSA
Alaska40 hrs8 hrs/dayNone requiredDaily OT required
Arizona40 hrsNoneNone requiredFollows FLSA
Arkansas40 hrsNoneNone requiredFollows FLSA
California40 hrs8 hrs/day; 2× after 12 hrs/dayAfter 12 hrs/day or 8 hrs on 7th consecutive dayStrictest in US
Colorado40 hrs12 hrs/day or 12 consecutive hrsNone requiredDaily OT required
Connecticut40 hrsNoneNone requiredFollows FLSA
Delaware40 hrsNoneNone requiredFollows FLSA
Florida40 hrsNoneNone requiredFollows FLSA No income tax
Georgia40 hrsNoneNone requiredFollows FLSA
Hawaii40 hrsNoneNone requiredFollows FLSA
Idaho40 hrsNoneNone requiredFollows FLSA
Illinois40 hrsNoneNone requiredFollows FLSA
Indiana40 hrsNoneNone requiredFollows FLSA
Iowa40 hrsNoneNone requiredFollows FLSA
Kansas46 hrs*NoneNone required*46-hr threshold for employers not covered by FLSA; most are FLSA-covered at 40 hrs
Kentucky40 hrsNoneNone requiredFollows FLSA
Louisiana40 hrsNoneNone requiredFollows FLSA No income tax
Maine40 hrsNoneNone requiredFollows FLSA
Maryland40 hrsNoneNone requiredFollows FLSA
Massachusetts40 hrsNoneNone requiredRetail employees must receive 1.5× on Sundays and holidays (retail premium pay rules)
Michigan40 hrsNoneNone requiredFollows FLSA
Minnesota48 hrs*NoneNone required*48-hr threshold for small employers; large employers follow FLSA at 40 hrs
Mississippi40 hrsNoneNone requiredFollows FLSA
Missouri40 hrsNoneNone requiredFollows FLSA
Montana40 hrsNoneNone requiredFollows FLSA
Nebraska40 hrsNoneNone requiredFollows FLSA
Nevada40 hrs8 hrs/day (if earning <1.5× min. wage)None requiredConditional daily OT
New Hampshire40 hrsNoneNone requiredFollows FLSA
New Jersey40 hrsNoneNone requiredFollows FLSA
New Mexico40 hrsNoneNone requiredFollows FLSA
New York40 hrsNoneNone requiredAdditional industry-specific rules for fast food and hospitality workers
North Carolina40 hrsNoneNone requiredFollows FLSA
North Dakota40 hrsNoneNone requiredFollows FLSA
Ohio40 hrsNoneNone requiredFollows FLSA
Oklahoma40 hrsNoneNone requiredFollows FLSA
Oregon40 hrsNoneNone requiredManufacturing employees: 1.5× after 10 hrs/day. Some industry-specific daily rules.
Pennsylvania40 hrsNoneNone requiredFollows FLSA
Rhode Island40 hrsNoneNone requiredRetail employees: 1.5× on Sundays and holidays
South Carolina40 hrsNoneNone requiredFollows FLSA
South Dakota40 hrsNoneNone requiredFollows FLSA No income tax
Tennessee40 hrsNoneNone requiredFollows FLSA No income tax
Texas40 hrsNoneNone requiredFollows FLSA No income tax
Utah40 hrsNoneNone requiredFollows FLSA
Vermont40 hrsNoneNone requiredFollows FLSA
Virginia40 hrsNoneNone requiredFollows FLSA
Washington40 hrsNoneNone requiredFollows FLSA
Washington D.C.40 hrsNoneNone requiredFollows FLSA
West Virginia40 hrsNoneNone requiredFollows FLSA
Wisconsin40 hrsNoneNone requiredFollows FLSA
Wyoming40 hrsNoneNone requiredFollows FLSA No income tax

This table reflects general state overtime requirements. Industry-specific exemptions, collective bargaining agreements, and local ordinances may alter these rules. Always verify current law with your state's department of labor before making payroll decisions.

FLSA Overtime Exemptions: The White-Collar Rules

The most commonly misunderstood aspect of overtime law is the exemption system. Many employers assume that salaried employees or employees with professional titles are automatically exempt — they're not. To qualify for the main white-collar exemptions, an employee must meet both a salary test and a duties test.

The salary threshold (2025)

To be potentially exempt, an employee must earn at least $684 per week ($35,568 per year) on a salary or fee basis. This threshold applies to executive, administrative, and professional exemptions. The highly compensated employee (HCE) exemption requires at least $107,432 per year.

The duties tests

💡 The job title trap. "Assistant Manager," "Senior Coordinator," and "Director" are titles — not legal exemptions. If an employee's day-to-day work does not match the duties test, they are not exempt regardless of what their business card says. When in doubt, classify as non-exempt and pay overtime.

Frequently Asked Questions

Which states have daily overtime laws?
California and Alaska require daily overtime for most employees. California mandates 1.5× after 8 hours/day and 2× after 12 hours/day. Alaska mandates 1.5× after 8 hours/day in addition to the weekly threshold. Nevada requires daily overtime for employees earning below 1.5× the state minimum wage. Colorado requires 1.5× after 12 hours in a workday or 12 consecutive hours worked.
What is the federal overtime threshold?
Under the FLSA, non-exempt employees must receive 1.5× their regular rate for hours worked beyond 40 in a workweek. The salary threshold for white-collar exemptions is $684/week ($35,568/year) as of 2025. Employees earning below this are generally entitled to overtime regardless of job title or duties.
Can states have stricter overtime laws than federal?
Yes. States can enact overtime laws that are more protective than the federal FLSA, and in those cases the more favorable state law applies. No state can have less protective overtime rules than the federal baseline. California, Alaska, Nevada, and Colorado all have requirements that exceed federal law in some respect.
Do overtime laws apply to independent contractors?
No. Overtime laws apply only to employees. However, misclassifying an employee as a contractor does not eliminate overtime obligations — if a worker is determined to be an employee, back overtime pay and penalties may be owed. The IRS and DOL use multi-factor tests to determine true worker classification, regardless of what a contract says.