State overtime laws regulate the payment of overtime to employees who work more than a certain number of hours in a workweek. Overtime laws by state vary, with some states having stricter regulations than others. 

It is important for employers and employees alike to understand the overtime rules in their state to ensure that they are in compliance with the law and receive fair pay for their work. From hourly rates to exemptions, understanding state overtime laws is essential in maintaining a fair workplace.

What are state overtime laws? 

State overtime laws are regulations enacted at the state level that dictate how much employees should be compensated for working beyond their regular work hours. Overtime laws by the state typically set a minimum threshold for hourly wages, hours worked, and other factors that determine when overtime pay is required. 

The purpose of a state law on overtime pay is to ensure that workers are fairly compensated for the extra time and effort they put into their jobs.

State vs federal overtime laws

The federal law on overtime, also known as the Fair Labor Standards Act (FLSA), sets a national overtime law that applies to most employers and employees across the country. The FLSA requires employers to pay eligible employees one and a half times their regular pay rate for any hours worked over 40 hours in a workweek. 

This law applies to both full-time and part-time employees, and there are limited exceptions for certain types of workers, such as salaried employees who meet certain criteria.

State overtime laws, on the other hand, can differ significantly from the national overtime law. Some states have their own OT laws that require employers to provide more generous overtime benefits than what is required by federal law.

In summary, while there is a national overtime law in the form of the FLSA, state overtime laws can provide additional protections and benefits for workers. Employers should ensure they comply with both federal and state laws when it comes to overtime pay to avoid legal action or penalties.

Overtime rules by state chart 2023 

The Overtime Rules by State chart provides an up-to-date overview of the overtime laws in each state, including the minimum wage, the maximum number of hours an employee can work without overtime pay, and the overtime pay rate.

State: Alabama

Week OT at 40 hrs

Min Wage: none

Valid until 2023

State: Alaska

Day OT (1.5x) at 8 hrs

Week OT at 40 hrs

Min Wage: $10.85

Valid until 2023

State: Arizona

Day OT (1.5x) at 8 hrs

Week OT at 40 hrs

Min Wage: $13.85

Valid until 2023

State: Arkansas

Week OT at 40 hrs

Min Wage: $11.00

Valid until 2023

State: California

Day OT (1.5x) at 8 hrs

Day OT (2x) at 12 hrs

Week OT at 40 hrs

Min Wage: $15.50

Valid until 2023

State: Colorado

Day OT (1.5x) at 12 hrs

Week OT at 40 hrs

Min Wage: $13.65

Valid until 2023

State: Connecticut

Day OT (1.5x) at 8 hrs

Day OT (2x) at 12 hrs

Week OT at 40 hrs

Min Wage: $14.00

Valid until 5-30-23

State: D.C.

Week OT at 40 hrs

Min Wage: $16.50

Valid until 6-30-23

State: Delaware

Week OT at 40 hrs

Min Wage: $11.75

Valid until 2023

State: Florida

Week OT at 40 hrs

Min Wage: $11.00

Valid until 9-29-23

State: Georgia

Week OT at 40 hrs

Min Wage: $14.00

Valid until 2023

State: Hawaii

Week OT at 40 hrs

Min Wage: $12.00

Valid until 2023

State: Idaho

Week OT at 40 hrs

Min Wage: $7.25

Valid until 2023

State: Illinois

Week OT at 40 hrs

Min Wage: $13.00

Valid until 2023

State: Indiana

Week OT at 40 hrs

Min Wage: $7.25

Valid until 2023

State: Iowa

Week OT at 40 hrs

Min Wage: $7.25

Valid until 2023

State: Kansas

Week OT at 46 hrs

Min Wage: $7.25

Valid until 2023

State: Kentucky

Week OT at 40 hrs

Min Wage: $7.25

Valid until 2023

State: Louisiana

Week OT at 40 hrs

Min Wage: none

Valid until 2023

State: Indiana

Week OT at 40 hrs

Min Wage: $14.00

Valid until 2023

State: Maine

Week OT at 40 hrs

Min Wage: $13.80

Valid until 2023

State: Maryland

Week OT at 40 hrs

Min Wage: $13.25

Valid until 2023

State: Massachusetts

Week OT at 40 hrs

Min Wage: $15.00

Valid until 2023

State: Michigan

Week OT at 40 hrs

Min Wage: $10.10

Valid until 2023

State: Minnesota

Week OT at 48 hrs

Min Wage: $8.63

Valid until 2023

Week OT at 40 hrs

Min Wage: none

Valid until 2023

Overtime pay laws by state: Map

The Overtime Pay Laws by State Map is a visual representation of the different overtime laws across the United States. The map helps employers and employees to understand the varying overtime laws across the country and to ensure compliance with state and federal labor laws.

Overtime laws by state: An overview

Each state has its own unique set of overtime laws. It is recommended to review and compare the laws of each state to determine which laws align with federal regulations.

Alabama

• Follow federal overtime rules

Alaska

Has a state overtime law

• Nonexempt employees receive overtime pay if they work more than 40 hours in a workweek or 8 hours in a day

• Exceptions apply, such as employers with fewer than four employees

Arizona

• Follow federal overtime rules

Arkansas

• Follow federal overtime law

California

Has a state overtime law

• Nonexempt employees receive overtime pay for any time worked beyond 40 hours in a workweek, 8 hours in a workday, or 6 days in a workweek

• Double-time law requires employers to give employees double their regular pay for any hours worked beyond 12 hours on a workday or 8 hours on the 7th consecutive day of work in a workweek

Colorado

Has a state overtime law

• Nonexempt employees receive overtime pay for any time worked beyond 40 hours in a workweek, 12 hours in a workday, or 12 consecutive hours

Connecticut

• Follow federal overtime rules

Delaware

• Follow federal overtime rules

District of Columbia

• Follow federal overtime requirements

Florida

• Follow federal overtime rules

Georgia

• Follow federal overtime rules

Hawaii

• Follow federal overtime rules

Idaho

• Follow federal overtime rules

Illinois

• Follow federal overtime rules

Indiana

• State overtime law aligns with federal law

Iowa

• Follow federal overtime rules

Kansas

• Follow federal overtime law if covered by FLSA

• If not covered by FLSA, follow Kansas's overtime rules for nonexempt employees

• Employers must provide overtime for hours worked beyond 46 hours in a workweek

Kentucky

• Follow federal overtime rules

Louisiana

• Follow federal overtime rules

Maine

• Follow federal overtime rules

Maryland

• Follow federal overtime law

• Some occupations calculate overtime using a different period of time than a 7-day workweek

Massachusetts

• State overtime law follows federal overtime laws

Michigan

• State overtime law applies to employers with two or more employees

• Follow most beneficial law between state and federal law

Minnesota

• Follow FLSA if covered by it

• If not covered by FLSA, follow Minnesota's state overtime law

• Employers must provide overtime for hours worked beyond 48 hours in a workweek

Mississippi

• Follow federal overtime rules

Missouri

• Follow federal overtime law

Montana

• Follow federal overtime rules

Nebraska

• Follow federal overtime rules

Nevada

Has a state overtime law

• Employers must pay overtime rate for any hours worked beyond 40 in a workweek

• Exceptions applies for employees who agreed to work four, 10-hour shifts

New Hampshire

• Follow FLSA

New Jersey

• State overtime law aligns with federal rules

New Mexico

• Follow federal overtime rules

New York

Has a state overtime law that aligns with FLSA

• Additional requirement for FLSA-exempt individuals

• Overtime pay is required at a rate of 1.5 times the state minimum wage for hours worked beyond 40

North Carolina

• Wage and Hour Act aligns with FLSA

• Requires overtime pay for nonexempt employees who work beyond 40 in a workweek

North Dakota

• Follow federal overtime law

Ohio

• Follow federal overtime rules

Oklahoma

• Follow federal overtime rules

Oregon

• State overtime law requires time and a half for hours worked beyond 40 in a workweek

Pennsylvania

• PA law aligns with federal law on overtime pay

• Requires overtime pay for nonexempt employees who work more than 40 hours/week

• PA law may cover workers exempt from overtime under FLSA, such as some computer-related employees.

Rhode Island

• Rhode Island follows the FLSA and requires overtime pay for nonexempt employees who work beyond 40 hours in a workweek.

South Carolina

• South Carolina follows the federal overtime law.

South Dakota

• South Dakota follows federal overtime rules.

Tennessee

• Tennessee follows federal overtime rules.

Texas

• Texas follows federal overtime rules.

Utah

• Utah follows federal overtime rules.

Vermont

• Vermont’s state overtime law aligns with the FLSA and requires overtime pay for nonexempt employees who work beyond 40 hours in a workweek.

Virginia

• Virginia follows federal overtime rules.

Washington

• Washington has a state overtime law.

• Under Washington’s state law, nonexempt employees receive overtime pay if they meet one of the following requirements:

• Work more than 40 hours in a workweek

• Work more than eight hours a day

• Washington’s state law does not apply to employers who typically employ fewer than two employees.

West Virginia

• West Virginia follows federal overtime rules.

Wisconsin

• Wisconsin follows federal overtime rules.

Wyoming

• Wyoming follows federal overtime rules.

Overtime labor law in California

In California, the overtime labor law requires that nonexempt employees receive one and a half times their regular rate of pay for all hours worked beyond eight hours in a workday or 40 hours in a workweek. 

Additionally, employees who work more than 12 hours in a workday must be paid double their regular rate of pay for all hours worked beyond 12 hours in that day.

The law also provides for mandatory rest breaks and meal periods for employees. Employees are entitled to a 10-minute rest period for every four hours worked, and a 30-minute meal break for every five hours worked. 

If an employee works for more than 10 hours in a day, they are entitled to a second 30-minute meal break.

Check out Atto’s overtime calculator

If you are an employer or an employee, keeping track of overtime hours and calculating overtime pay can be a daunting and time-consuming task. However, with Atto's overtime calculator, you can simplify this process and save yourself the hassle of manual calculations.

Atto's weighted overtime calculator is a user-friendly tool that allows you to easily calculate overtime pay based on your state's overtime laws. It is accurate, reliable, and always up-to-date with the latest overtime regulations by state. 

With just a few clicks, you can determine the overtime pay owed to your employees or calculate your own pay as an employee.

Key takeaways on overtime payment laws in different states

Overtime payment laws vary by state, with some states having more stringent requirements than others. 

All states require employers to pay nonexempt employees overtime pay if they work over 40 hours in a workweek, but some states have additional requirements, such as states with daily overtime after a certain number of hours worked.

In some states, certain employees are exempt from overtime pay, such as those in certain computer-related occupations or executive positions. 

It's important for employers to be familiar with the overtime pay laws in their state to ensure compliance and avoid legal issues. Employees should also be aware of their rights to ensure they are being properly compensated for any overtime work they do.

FAQs related to state overtime laws

What states require overtime pay after 8 hours?

What states require overtime pay after 8 hours? Currently, there are no U.S. states that require employers to pay overtime after 8 hours of work per day. 

However, some states have their own overtime laws that require employers to pay overtime after a certain number of hours worked per week, usually 40 hours. 

These laws vary by state and may have different exemptions and requirements.

Is anything over 8 hours of overtime?

Not necessarily. In the United States, the federal Fair Labor Standards Act (FLSA) does not require employers to pay overtime for hours worked beyond 8 hours per day. 

However, some states may have their own overtime laws that require employers to pay overtime for hours worked beyond 8 hours per day or after a certain number of hours worked per week.

What states pay time and a half on sundays?

Currently, there are no U.S. states that require employers to pay time and a half specifically for work done on Sundays. 

However, some states have their own overtime laws that require employers to pay time and a half or double time for work done beyond a certain number of hours worked in a day or week, regardless of the day of the week. 

These laws vary by state and may have different exemptions and requirements.

Does an employer have to pay overtime after 40 hours?

In the United States, employers are required to pay overtime at a rate of 1.5 times the regular rate of pay for any hours worked over 40 hours in a workweek under the Fair Labor Standards Act. 

However, some employees may be exempt based on their job duties and salary level.

Is overtime calculated daily or weekly?

Overtime is typically calculated on a weekly basis, meaning that an employee who works over 40 hours in a workweek is eligible for overtime pay. 

However, some may choose to calculate overtime based on daily overtime states or based on other factors, so it's essential to check with your employer or consult relevant labor laws.

If you work more than 8 hours a day is that overtime?

It is important to understand the difference between double time vs overtime. Working more than 8 hours a day does not necessarily qualify as overtime under federal law in the United States. Overtime is typically calculated on a weekly basis, and an employee must work more than 40 hours in a workweek to be eligible for overtime pay. 

However, some states may have their own laws regarding daily overtime, so it's essential to check with your employer or consult relevant labor laws hours per day in your state.

Do you get overtime after 8 hours of working per day in California?

Do you get overtime after 8 hours? In California, non-exempt employees are generally entitled to overtime pay of 1.5 times their regular rate of pay for any hours worked over 8 hours in a workday or 40 hours in a workweek. 

Additionally, working more than 12 hours in a workday or 8 hours on the seventh consecutive day of a workweek requires double the employee's regular rate of pay.

An employee is exempt from receiving overtime under the FLSA but not under the state’s overtime law. Should they be receiving overtime?

Yes, the employee should receive overtime pay according to the state's overtime law, even if they are exempt from the Fair Labor Standards Act's (FLSA) overtime requirements. 

State laws may have different criteria for overtime exemption, and if an employee does not meet those criteria, they are entitled to receive overtime pay as per state law.

How do predictive scheduling laws affect state overtime laws?

Predictive scheduling laws may require employers to pay additional compensation for schedule changes made with short notice but generally do not affect an employee's entitlement to overtime pay under state laws.

Can employers force employees to work overtime?

In most cases, employers can require employees to work overtime. However, under federal and state labor laws, non-exempt employees must be paid at a higher rate for any hours worked over 40 in a workweek. 

Some exemptions to overtime laws exist for certain professions and industries.