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State Overtime Laws

Summaries of the federal Fair Labor Standards Act (FLSA) and state-specific overtime laws can be found below.

Important: If you use Gusto Time Tracking, refer to the regulations for the state of your employees' assigned work location in Gusto.

Fair Labor Standards Act (FLSA) 

The Department of Labor states:

“For covered, nonexempt employees, the Fair Labor Standards Act (FLSA) requires overtime pay to be at least one and one-half times an employee's regular rate of pay after 40 hours of work in a workweek.

  • Some exceptions apply under special circumstances to police and firefighters and to employees of hospitals and nursing homes. Additionally, workplaces that are governed by collective bargaining agreements may be exempt from the FLSA and will have separate overtime standards that they will need to follow.

Some states have their own overtime laws. In cases where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher overtime pay).

  • Extra pay for working weekends or nights is a matter of agreement between the employer and the employee (or the employee's representative).”

Types of Overtime

The federal baseline for overtime is 1.5 x RRP (regular rate of pay) for all hours over 40 in a week.

Overtime Type

Hourly rate multiplier

(RRP= Regular rate of pay)

Weekly overtime1.5 times RRP
Daily overtime1.5 times RRP
Daily double overtime2.0 times RRP
7th consecutive day of any one workweek1.5 times RRP

State Overtime Laws

State

Overtime Occurs After...

Overtime Calculation

(RRP = Regular rate of pay)

Explanation

Alabama
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Alaska
  • Weekly: 40 hours
  • Daily: 8 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily: 1.5 x RRP for all hours over 8 in a day.
  • Weekly: Refer to FLSA definition.

  • Daily: Employees who work more than 8 hours during any workday will earn overtime, paid at 1.5x their regular rate of pay for any time over 8 hours worked.

Arizona
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Arkansas
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
California
  • Weekly: 40 hours
  • Daily: 8 hours
  • Daily Double OT: 12 hours
  • 7th consecutive day: All hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily: 1.5 x RRP for all hours over 8 in a day.
  • Daily Double OT: 2 x RRP for all hours over 12 a day.
  • 7th consecutive day*
    • 1.5 x RRP for the first 8 hours of work on the 7th day of work in any workweek, regardless of the number of hours worked during the previous 6 days AND
    • 2 x RRP for all hours over 8 on the 7th day.
  • Weekly: Employees are eligible to earn overtime on a weekly basis. Employees who work more than 40 hours during any workweek will earn overtime, paid at 1.5x their regular rate of pay for any time over 40 hours worked.
  • Daily: Employees who work more than 8 hours during any workday will earn overtime, paid at 1.5x their regular rate of pay for any time over 8 hours worked.
  • Daily Double OT: Employees who work more than 12 hours during any workday will earn overtime, paid at 2x their regular rate of pay for any time over 12 hours worked.
  • *7th consecutive day: On the 7th consecutive day worked, employees will earn overtime, paid at 1.5x their regular rate of pay. Employees who work more than 8 hours on the 7th consecutive day worked will earn overtime, paid at 2x their regular rate of pay for any time over 8 hours worked. We recommend utilizing outside counsel to better understand how the two rules interact.
Colorado
  • Weekly: 40 hours
  • Daily: 12 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily:  1.5 x RRP for all hours over 12 in a day
    • Without regard to starting and ending time of the workday, whichever calculation results in the greatest payment of wages.
  • Weekly: Refer to FLSA definition.
  • Daily: Employees who either (1) work twelve hours in a workday; or (ii) work twelve or more consecutive hours (regardless of workday) will be eligible for overtime, paid at 1.5x their regular rate of pay for any time over 12 hours worked.
Connecticut
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Delaware
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Florida
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Georgia
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Hawaii
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Idaho
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Illinois
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Indiana
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Iowa
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Kansas
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Unless exempt from the FLSA, refer to the FLSA definition.
Kentucky
  • Weekly: 40 hours
  • 7th consecutive day: All hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • 7th consecutive day: 1.5 x RRP for all hours on the 7th day of a week.
  • Weekly: Refer to FLSA definition.
  • 7th consecutive day: On the 7th consecutive day worked, employees will earn overtime, paid at 1.5x their regular rate of pay for all hours worked on the 7th day.
Louisiana
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Maine
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Maryland
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Massachusetts
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Michigan
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Minnesota
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Unless exempt from the FLSA, refer to the FLSA definition.
Mississippi
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Missouri
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Montana
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Nebraska
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.

Nevada

  • Weekly: 40 hours 
  • Daily: 8 hours during any consecutive 24-hour period.*
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Daily: 1.5 x RRP for all hours worked over 8 in a period of 24 consecutive hours that begins when the employee starts work.*
  • Weekly: Refer to FLSA definition.

  • Daily: Qualified employees who work more than 8 hours during any consecutive 24-hour period will earn overtime, paid at 1.5x their regular rate of pay.

  • *Qualifies for daily overtime with 1.5 x RRP only if:

    • Employee pay is less than $10.875/ hour and employer offers qualifying health benefits

    • Employee pay is less than $12.375/ hour and employer does not offer qualifying health benefits.

New Hampshire
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
New Jersey
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
New Mexico
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
New York
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
North Carolina
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
North Dakota
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Ohio
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Oklahoma
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Oregon
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Pennsylvania
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Rhode Island
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
South Carolina
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
South Dakota
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Tennessee
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Texas
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Utah
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Vermont
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Virginia
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Washington
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
West Virginia
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Wisconsin
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.
Wyoming
  • Weekly: 40 hours
  • Weekly: 1.5 x RRP for all hours over 40 in a week.
  • Weekly: Refer to FLSA definition.