The federal Fair Labor Standards Act requires overtime at one and a half times the regular rate after 40 hours in a workweek. Most states stop there, but a handful go further with daily overtime, double time, or higher salary thresholds for exempt employees. Those are the rules that create surprise back pay claims when a company expands into a new state.
The table shows where state overtime rules differ from federal law and where a state sets its own salary test for exempt employees. Everywhere else, the federal rules control. For the calculation itself, use our overtime calculator, and for classification, read our guide to exempt vs non-exempt employees.
Overtime laws by state: all 50 states and DC
| Alabama | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Alaska | Overtime at 1.5 times the regular rate after 8 hours in a day or 40 hours in a week, for employers with 4 or more employees. | Yes | Exempt executive, administrative, and professional employees must earn at least twice the state minimum wage for a 40-hour week: $1,120 a week in 2026. |
| Arizona | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Arkansas | Overtime after 40 hours in a workweek under state law for employers with 4 or more employees, matching the federal rule. | No | Federal $684 a week |
| California | Overtime at 1.5 times the regular rate after 8 hours in a day, 40 hours in a week, and for the first 8 hours on the seventh consecutive workday. Double time after 12 hours in a day and after 8 hours on the seventh consecutive day. | Yes | Exempt employees must earn at least twice the state minimum wage for full-time work: $70,304 a year in 2026 and $72,384 in 2027. |
| Colorado | Overtime at 1.5 times the regular rate after 40 hours in a week, 12 hours in a workday, or 12 consecutive hours regardless of the workday. | Yes | Exempt employees must earn at least $1,111.23 a week ($57,784 a year) in 2026 under the COMPS Order. |
| Connecticut | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Delaware | Federal rule: after 40 hours a week | No | Federal $684 a week |
| District of Columbia | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Florida | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Georgia | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Hawaii | Federal rule: after 40 hours a week | No | Hawaii's state exemption requires a guaranteed monthly salary of at least $2,000, but the federal $684 a week test is higher and controls for most employers. |
| Idaho | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Illinois | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Indiana | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Iowa | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Kansas | Employers covered by the FLSA follow the federal 40-hour rule. Employers not covered by the FLSA owe state overtime only after 46 hours in a week. | No | Federal $684 a week |
| Kentucky | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Louisiana | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Maine | Federal rule: after 40 hours a week | No | Exempt employees must earn more than 3,000 times the state minimum wage divided by 52: $871.16 a week ($45,300 a year) in 2026. |
| Maryland | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Massachusetts | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Michigan | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Minnesota | The federal 40-hour rule applies to most employers. Minnesota's own law requires overtime after 48 hours in a week for employers not covered by the FLSA. | No | Federal $684 a week |
| Mississippi | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Missouri | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Montana | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Nebraska | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Nevada | Overtime after 40 hours in a week, and after 8 hours in any 24-hour period for employees paid less than 1.5 times the minimum wage ($18.00 an hour). Employers and employees can agree in writing to four 10-hour days. | Yes, under $18/hr | Federal $684 a week |
| New Hampshire | Federal rule: after 40 hours a week | No | Federal $684 a week |
| New Jersey | Federal rule: after 40 hours a week | No | Federal $684 a week |
| New Mexico | Federal rule: after 40 hours a week | No | Federal $684 a week |
| New York | Overtime after 40 hours in a week (44 hours for residential employees who live in). Spread of hours pay applies when a workday spans more than 10 hours. | No | Exempt executive and administrative employees must earn at least $1,275 a week ($66,300 a year) in New York City, Long Island, and Westchester, and $1,199.10 a week ($62,353.20) in the rest of the state in 2026. |
| North Carolina | Federal rule: after 40 hours a week | No | Federal $684 a week |
| North Dakota | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Ohio | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Oklahoma | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Oregon | Overtime after 40 hours in a week. Manufacturing establishments also owe overtime after 10 hours in a day, and some industries have their own daily limits. | Manufacturing only | Federal $684 a week |
| Pennsylvania | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Rhode Island | Federal rule: after 40 hours a week | No | Federal $684 a week |
| South Carolina | Federal rule: after 40 hours a week | No | Federal $684 a week |
| South Dakota | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Tennessee | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Texas | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Utah | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Vermont | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Virginia | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Washington | Federal rule: after 40 hours a week | No | Exempt employees must earn at least 2.25 times the state minimum wage for a 40-hour week: $1,541.70 a week ($80,168.40 a year) in 2026. |
| West Virginia | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Wisconsin | Federal rule: after 40 hours a week | No | Federal $684 a week |
| Wyoming | Federal rule: after 40 hours a week | No | Federal $684 a week |
Download the full dataset (CSV, free) All 51 jurisdictions, every field in this library. Free to use with credit.
States with daily overtime
- Alaska: Overtime at 1.5 times the regular rate after 8 hours in a day or 40 hours in a week, for employers with 4 or more employees.
- California: Overtime at 1.5 times the regular rate after 8 hours in a day, 40 hours in a week, and for the first 8 hours on the seventh consecutive workday. Double time after 12 hours in a day and after 8 hours on the seventh consecutive day.
- Colorado: Overtime at 1.5 times the regular rate after 40 hours in a week, 12 hours in a workday, or 12 consecutive hours regardless of the workday.
- Nevada: Overtime after 40 hours in a week, and after 8 hours in any 24-hour period for employees paid less than 1.5 times the minimum wage ($18.00 an hour). Employers and employees can agree in writing to four 10-hour days.
- Oregon: Overtime after 40 hours in a week. Manufacturing establishments also owe overtime after 10 hours in a day, and some industries have their own daily limits.
States with higher exempt salary thresholds
The federal salary level is $684 a week ($35,568 a year), after a 2024 rule raising it was struck down. These states set their own, higher tests:
- Alaska: Exempt executive, administrative, and professional employees must earn at least twice the state minimum wage for a 40-hour week: $1,120 a week in 2026.
- California: Exempt employees must earn at least twice the state minimum wage for full-time work: $70,304 a year in 2026 and $72,384 in 2027.
- Colorado: Exempt employees must earn at least $1,111.23 a week ($57,784 a year) in 2026 under the COMPS Order.
- Maine: Exempt employees must earn more than 3,000 times the state minimum wage divided by 52: $871.16 a week ($45,300 a year) in 2026.
- New York: Exempt executive and administrative employees must earn at least $1,275 a week ($66,300 a year) in New York City, Long Island, and Westchester, and $1,199.10 a week ($62,353.20) in the rest of the state in 2026.
- Washington: Exempt employees must earn at least 2.25 times the state minimum wage for a 40-hour week: $1,541.70 a week ($80,168.40 a year) in 2026.
Regular rate traps that cost employers
Overtime is based on the regular rate, not just the base hourly wage. Nondiscretionary bonuses, shift differentials, and commissions must be included, which is the most common source of overtime back pay. Pennsylvania adds its own twist by rejecting the federal fluctuating workweek method. Our overtime calculator handles bonuses in the regular rate.
Frequently asked questions
Which states require daily overtime?
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Is overtime based on hours worked in a day or a week?
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<a href="https://www.hrtally.com/state-labor-laws/overtime-laws-by-state/">Overtime laws by state: daily overtime and exempt salary thresholds</a> (source: HRTally)
Suggested citation: HRTally Research Team. "Overtime laws by state: daily overtime and exempt salary thresholds." HRTally, updated October 20, 2026. https://www.hrtally.com/state-labor-laws/overtime-laws-by-state/
General information for US employers, not legal advice. Laws change and have exceptions by industry, employer size, and city. Confirm current rules with the state agency or employment counsel before you rely on them.
Written by the HRTally Research Team
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