State Overtime Rules & Premium Pay Laws

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.

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40

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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. California Labor Code section 310. 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).

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

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40

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.

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Hawaii
An employee earning a guaranteed monthly compensation of $2,000 or more is exempt from the State minimum wage and overtime law.

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

40

Indiana
Applicable to employers of 2 or more employees.

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46

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.

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Michigan
Applicable to employers of 2 or more employees.

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48

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.

40

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

40

Nebraska
Applicable to employers of 4 or more employees.

Nevada
The premium overtime pay requirement on either a daily or weekly basis is not applicable to employees who are compensated at not less than one and one-half times the minimum rate or to employees of enterprises having a gross annual sales volume of less than $250,000.

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40

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

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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).

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40

Puerto Rico
And on statutory rest day (double time), weekly (double time).

8

40

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.

40

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.

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Virginia
Applicable to employers of 4 or more employees.

8

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

40

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

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