State Overtime & Premium Pay Laws
An easy reference of current overtime laws for your state.
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)
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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.