Understanding State Overtime Rules, Laws and Regulations
Last Updated on September 25, 2025 by MyHRConcierge
Employers across the United States must navigate both federal and state labor laws to ensure they are properly compensating employees for overtime work. While the federal Fair Labor Standards Act (FLSA) sets a baseline for overtime requirements, states often impose their own rules and regulations that can differ significantly. Staying informed about these variations is essential for maintaining compliance and avoiding costly penalties.
Federal Overtime Standards Under the FLSA
The FLSA requires that covered non-exempt employees receive overtime pay at a rate of one and one-half times their regular rate of pay for any hours worked beyond 40 in a workweek. However, exemptions exist for certain categories of employees, including executive, administrative and professional roles, provided they meet salary and duty test requirements. Employers must first ensure that they are classifying employees correctly under federal law before turning to state-specific obligations. Read more here to learn more about the classification of exempt vs. non-exempt employees.
Variations in State Overtime Laws
While federal law establishes a national standard, many states have additional overtime regulations that are more stringent. For example, some states require daily overtime for employees who work more than eight hours in a single day, while others impose double-time pay for certain thresholds, such as work exceeding 12 hours per day. States like California, Colorado, and Alaska have unique overtime requirements that often go beyond federal standards. Employers operating in multiple states must carefully monitor the rules applicable in each jurisdiction to ensure compliance.
State-by-State Overtime Laws
Because each state may enforce its own overtime rules, it is important for employers to review specific requirements in the locations where they operate. This section will serve as a resource for outlining key differences in overtime laws across various states. Employers can use it to quickly compare federal requirements with state-specific regulations and identify areas where stricter standards apply. By staying updated on these distinctions, organizations can reduce compliance risks and ensure fair compensation practices.
| State | Summary (concise rule) |
| Alabama | Follows federal FLSA: overtime = 1.5× for hours over 40 in a workweek (no separate state daily overtime rule). |
| Alaska | Daily overtime possible (overtime after 8 hours in a day or 40 in a week for many employees); public-sector and industry exceptions apply. |
| Arizona | No state-specific daily overtime rules for private employers. Certain public employees (e.g., law enforcement, probation officers) may receive compensatory time or have overtime calculated over a 2-week/80-hour period. |
| Arkansas | Generally mirrors FLSA. Public-sector employers may award compensatory time off instead of overtime pay. Certain exemptions apply, including agricultural workers and FLSA-exempt employees. |
| California | Daily and weekly overtime: Overtime after 8 hours/day, 40 hours/week, or first 8 hours on the 7th consecutive day; double time after 12 hours/day or over 8 hours on the 7th day. California has the strictest rules in the U.S. Daily overtime applies in addition to weekly thresholds. Special provisions exist for alternative workweek schedules, agriculture, domestic workers and certain industries. Employers must comply with Industrial Welfare Commission (IWC) Wage Orders, which set detailed requirements by occupation. |
| Colorado | Overtime = 1.5× for hours over 40 in a workweek or over 12 hours in a single workday. Includes all forms of compensation in regular rate. Certain executive, administrative, professional, agricultural, sales, and transportation employees are exempt. |
| Connecticut | Follows 40/week baseline; specific prohibitions (for example, restrictions on mandatory overtime for many nurses). |
| Delaware | General rule: overtime after 40/week; state guidance on timing/payment and administrative requirements. |
| Florida | Follows federal FSLA; Overtime = 1.5× regular rate for hours worked over 40 in a workweek. No daily or weekend overtime unless specified by employer agreement.10 hours of labor is a “legal day’s work” unless a written contract proves otherwise. |
| Georgia | Follows federal FLSA; no separate state daily overtime law. |
| Hawaii | Follows federal FLSA; no separate state daily overtime law. |
| Idaho | Follows federal FLSA; no separate state daily overtime law. |
| Illinois | Overtime required after 40/week (with some exceptions); all employers. |
| Indiana | State guidance follows FLSA: overtime after 40/week; employers with two or more employees |
| Iowa | Follows federal FLSA; no separate state daily overtime law. |
| Kansas | State statute sets overtime after 46 hours in a week at time and a half (unique threshold); all employers except those subject to provisions for FLSA. |
| Kentucky | Overtime payable after 40/week (state statute/regulations follow FLSA). Employers not required to pay overtime for work on Saturdays, Sundays or holidays. Workweek is a fixed and regularly recurring period of 168 hours. Exempt employee classes apply; all employers. |
| Louisiana | Follows federal FLSA; no separate state daily overtime law. |
| Maine | State limits and special rules (including limits on overtime averaging and certain 2-week/80-hour rules in specific contexts). No provision for covered employers. |
| Maryland | Overtime required at 1.5× for hours over 40/week (statutory guidance and computation rules). |
| Massachusetts | Overtime after 40/week (no general daily overtime); state DOL guidance clarifies exemptions and computation. |
| Michigan | Overtime generally paid 1.5 times regular pay after 40/week. Does not apply to FLSA minimum wage exempt employees. Must also be paid to individuals that provide “companionship services. Special rules apply to police, firefighters, etc. Applies to all employers who employ two employees at any point within a calendar year. |
| Minnesota | State law has a 48-hour/week overtime standard at 1.5 times regular pay. May also grant time off at 1.5 hours in lieu of monetary compensation. Exceptions to some covered employers apply (healthcare workers, mail carriers, etc.). All employers covered. |
| Mississippi | Follows federal FLSA; no separate state daily overtime law. |
| Missouri | Follows federal FLSA; no separate state daily overtime law. Exclusions may apply for recreational facilities. |
| Montana | Overtime for eligible employees after 40/week at no less than 1.5x their regular pay; some working-class exceptions apply (agricultural, computer, etc.). All employers covered. |
| Nebraska | Follows federal FLSA; no separate state daily overtime law. |
| Nevada | Unique: daily overtime rules can apply (e.g., overtime after 8 hours/day for many lower-paid employees, with a wage threshold exception for higher-paid workers and 4-10 scheduling rules). Does not apply to employees who are not covered by state minimum wage laws. |
| New Hampshire | Follows FLSA baseline (40/week); statutory protections limit forced overtime for some nurses and specify other protective provisions. All employers covered. |
| New Jersey | Overtime required at 1.5x regular pay after 40/week. Exceptions apply; all employers covered. |
| New Mexico | Overtime pay after 40/week for minimum wage employees at 1.5x regular pay; political/government workers not covered |
| New York | Overtime after 40/week for nonexempt employees; New York enforces its own wage rules, has higher salary thresholds/exemptions in some categories and additional local (e.g., NYC) rules to consider; all employers covered. |
| North Carolina | Overtime for eligible employees after 40/week at no less than 1.5x their regular pay; includes seasonal/recreation workers. Employers with employees not covered by federal FLSA or otherwise exempted are covered. |
| North Dakota | Overtime after 40/week (state wage/hour FAQ tracks FLSA baseline). Not included in hours worked are PTO, paid holidays or sick leave. Some professional exemptions apply. All employers covered, |
| Ohio | Overtime after 40/week following federal law. State employees may take compensatory time off in lieu of overtime pay. Most employers covered; excludes employers whose annual gross volume of sales does not exceed $150,000. |
| Oklahoma | Follows federal FLSA; no separate state daily overtime law. |
| Oregon | Complex: general 40/week baseline plus statutory daily/industry exceptions (mills, perishable-products, and some maximum-hours provisions). Must be computed daily and weekly and greater of those two amounts is what is to be paid. All employers covered. |
| Pennsylvania | Overtime after 40/week, following federal FLSA guidelines. Virtually all employees covered. |
| Rhode Island | Overtime after 40/week (state statute and DLT guidance); some premium pay rules for Sundays/holidays in certain retail contexts. Virtually all employers covered. |
| South Carolina | Follows federal FLSA; no separate state daily overtime law. |
| South Dakota | Follows federal FLSA; no separate state daily overtime law. |
| Tennessee | Follows federal FLSA; no separate state daily overtime law. |
| Texas | Follows federal FLSA; no separate state daily overtime law. |
| Utah | Follows federal FLSA; no separate state daily overtime law; state/government workers covered employers. |
| Vermont | Overtime after 40/week at 1.5x pay following federal FLSA; all employers covered. |
| Virginia | Overtime at 1.5x regular pay after 40 hours a week for fire protection or law enforcement officials. |
| Washington | Overtime after 40/week at 1.5x regular pay, based on a single workweek. May be taken as compensatory time. Additional exclusions apply. All employers covered. |
| West Virginia | State law requires overtime after 40/week at 1.5x regular pay, like FLSA standards. Compensatory time may be used in lieu of overtime pay. Employers subject to MWMH standards and state employers are covered employers. |
| Wisconsin | State law requires overtime after 40/week for covered workers following federal FLSA guidance. |
| Wyoming | Follows FLSA baseline for most private employers; Wyoming law specifically requires time-and-one-half for laborers on public works projects (statute). |
The Importance of Accurate Classification
Misclassifying employees as exempt when they should be non-exempt is one of the most common compliance pitfalls. States may have stricter definitions of exempt roles or higher salary thresholds than those set by the FLSA. Employers must review both federal and state classification requirements and apply the rule that provides the greatest benefit to the employee. Conducting regular audits of job descriptions, duties and salary levels can help prevent costly misclassification errors.
Penalties for Non-Compliance
Failure to comply with state and federal overtime laws can lead to significant financial consequences, including back pay, fines, and legal fees. In some states, employers may also face liquidated damages or penalties equal to unpaid wages. Additionally, non-compliance can damage an organization’s reputation and erode employee trust. Ensuring payroll practices align with all applicable regulations is a proactive way to reduce risk.
Employer Responsibility to Comply with State Overtime Requirements
Overtime compliance is not a one-size-fits-all responsibility. While the FLSA establishes a federal foundation, state laws often layer on additional requirements that can significantly impact how employers schedule, classify and pay their workforce. A proactive approach to overtime management not only protects the business but also fosters a culture of trust and fairness in the workplace.
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