State Overtime & Premium Pay Laws

An easy reference of current overtime laws for your state.

Sponsored by Virtual Timeclock. info

Listed on this page, you’ll find the current U.S. Department of Labor report of premium pay rules for each U.S. state and territory. In addition to state law, the federal overtime pay rule often applies so that employee hours worked in excess of 40 in a workweek are to be paid at a rate not less than time and one-half their regular rate of pay.

A

  • chevron_right Alabama

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Alaska

    Under a voluntary flexible work hour plan approved by the Alaska Department of Labor, a 10 hour day, 40 hour workweek may be instituted with premium pay after 10 hours a day instead of after 8 hours. The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.

    Daily Overtime: 8
    Weekly Overtime: 40

  • chevron_right American Samoa

    American Samoa has special overtime laws.

    Daily Overtime: Varies
    Weekly Overtime: Varies

  • chevron_right Arizona

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Arkansas

    Applicable to employers of 4 or more employees.

    Daily Overtime: NA
    Weekly Overtime: 40

C

  • chevron_right California

    Any work in excess of eight hours in one workday and any work in excess of 40 hours in one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be at the rate of one and one-half times the regular rate of pay. Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay. Exceptions apply to an employee working pursuant to an alternative workweek adopted pursuant to applicable Labor Code sections and for time spent commuting. See Labor Code sections 510 for exceptions.

    Daily Overtime: 8
    Weekly Overtime: 40

  • chevron_right Colorado

    Minimum wage rate and overtime provisions applicable to retail and service, commercial support service, food and beverage, and health and medical industries.

    Daily Overtime: 12
    Weekly Overtime: 40

  • chevron_right Connecticut

    In restaurants and hotel restaurants, for the 7th consecutive day of work, premium pay is required at time and one half the minimum rate. The Connecticut minimum wage rate automatically increases to 0.5 percent above the rate set in the Fair Labor Standards Act if the federal minimum wage rate equals or becomes higher than the State minimum.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

D

  • chevron_right Delaware

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right District of Columbia

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

F

  • chevron_right Florida

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

G

  • chevron_right Georgia

    Applicable to employers of 6 or more employees.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Guam

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

H

  • chevron_right Hawaii

    An employee earning guaranteed monthly compensation of $2,000 or more is exempt from the State minimum wage and overtime law. Domestic service workers are subject to Hawaii’s minimum wage and overtime requirements. Act 248, Regular Session 2013.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

I

  • chevron_right Idaho

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Illinois

    Applicable to employers of 4 or more employees, excluding family members.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Indiana

    Applicable to employers of 2 or more employees.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Iowa

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

K

  • chevron_right Kansas

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA) / 46 (exempt)

  • chevron_right Kentucky

    The 7th day overtime law, which is separate from the minimum wage law differs in coverage from that in the minimum wage law and requires premium pay on the seventh day for those employees who work seven days in any one workweek. Compensating time in lieu of overtime is allowed upon written request by an employee of any county, charter county, consolidated local government, or urban-county government, including an employee of a county-elected official.

    Daily Overtime: N/A
    Weekly Overtime: 40 & 7th Day

L

  • chevron_right Louisiana

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

M

  • chevron_right Maine

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Maryland

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Massachusetts

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Michigan

    Applicable to employers of 2 or more employees.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Minnesota

    Daily Overtime: N/A
    Weekly Overtime: 48

  • chevron_right Mississippi

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Missouri

    In addition to the exemption for federally covered employment, the law exempts, among others, employees of a retail or service business with gross annual sales or business done of less than $500,000. Premium pay required after 52 hours in seasonal amusement or recreation businesses.

    Daily Overtime: N/A
    Weekly Overtime: 40

  • chevron_right Montana

    State Law – Except businesses with gross annual sales of $110,000 or less.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

N

  • chevron_right Nebraska

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Nevada

    Daily Overtime: 8
    Weekly Overtime: 40

  • chevron_right New Hampshire

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right New Jersey

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right New Mexico

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right New York

    Under the new hospitality regulations, residential workers (“live-in workers”) are now entitled to overtime for hours worked over 40 in a payroll week, instead of the prior 44 hour requirement. Therefore, overtime hours for all non-exempt workers are now any hours worked over 40 in a payroll week.

    Employers operating a factory, mercantile establishment, hotel, restaurant, freight/passenger elevator, or theater; or a building employing security guards, janitors, superintendents, managers, engineers, or firemen must provide 24 hours of consecutive rest each week. Domestic workers are entitled to 24 hours of consecutive rest each week, and receive premium pay if they work during such period.

    Employees receive 1 hour of pay at minimum wage rate in addition to owed wages when spread of hours exceeds 10 hours, there is a split shift, or both.

     

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right North Carolina

    Premium pay is required after 45 hours a week in seasonal amusements or recreational establishments.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right North Dakota

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

O

  • chevron_right Ohio

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Oklahoma

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Oregon

    Premium pay required after 10 hours a day in nonfarm canneries, driers, or packing plants and in mills, factories or manufacturing establishments (excluding sawmills, planning mills, shingle mills, and logging camps).

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

P

  • chevron_right Pennsylvania

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Puerto Rico

    * Employees entitled to greater rights or benefits who were hired before January 26, 2017, shall maintain said rights or benefits.

    Daily Overtime: 8, and on the statutory rest day*
    Weekly Overtime: 40

R

  • chevron_right Rhode Island

    Time and one-half premium pay for work on Sundays and holidays in retail and certain other businesses is required under two laws that are separate from the minimum wage law.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

S

  • chevron_right South Carolina

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right South Dakota

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

T

  • chevron_right Tennessee

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Texas

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

U

  • chevron_right Utah

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

V

  • chevron_right Vermont

    Applicable to employers of 2 or more employees. The State overtime pay provision has very limited application because it exempts numerous types of establishments, such as retail and service; seasonal amusement/recreation; hotels, motels, restaurants; and transportation employees to whom the Federal (FLSA) overtime provision does not apply.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Virgin Islands

    Except businesses with gross annual receipts of less than $150,000.

    Daily Overtime: 8
    Weekly Overtime: 40, any hours worked on 6th & 7th consecutive days

  • chevron_right Virginia

    Applicable to employers of 4 or more employees.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

W

  • chevron_right Washington

    Premium pay not applicable to employees who request compensating time off in lieu of premium pay.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right West Virginia

    Applicable to employers of 6 or more employees at one location.

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Wisconsin

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

  • chevron_right Wyoming

    Daily Overtime: N/A
    Weekly Overtime: 40 (FLSA)

Redcort Software Inc. assumes no liability and makes no warranties on or for the information contained on these pages. The information presented is intended for reference only and is neither tax nor legal advice. Consult a professional tax, legal or other advisor to verify this information and determine if and/or how it may apply to your particular situation.