State Overtime Laws
In our comprehensive guide, we've curated the latest U.S. Department of Labor report on premium pay rules for every U.S. state and territory. It's essential to understand that, alongside state regulations, the federal overtime pay rule frequently comes into play. This mandates that any hours worked by an employee beyond 40 in a workweek should be compensated at a rate not less than time and one-half of their regular pay rate.
Dive into the details of premium pay regulations to ensure you're well-informed about both state-specific nuances and federal guidelines. This knowledge is crucial for both employers and employees to navigate the complexities of compensation effectively. Stay tuned as we break down the specifics, providing you with a clear roadmap for understanding and implementing premium pay rules.
Alabama
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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
American Samoa
American Samoa has special overtime laws.
Daily Overtime: Varies
Weekly Overtime: Varies
Arizona
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Arkansas
Applicable to employers of 4 or more employees.
Daily Overtime: NA
Weekly Overtime: 40
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
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
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)
District of Columbia
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Delaware
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Florida
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Georgia
Applicable to employers of 6 or more employees.
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Guam
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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)
Idaho
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Illinois
Applicable to employers of 4 or more employees, excluding family members.
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Indiana
Applicable to employers of 2 or more employees.
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Iowa
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Kansas
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA) / 46 (exempt)
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
Louisiana
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Maine
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Maryland
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Massachusetts
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Michigan
Applicable to employers of 2 or more employees.
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Minnesota
Daily Overtime: N/A
Weekly Overtime: 48
Mississippi
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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
Montana
State Law – Except businesses with gross annual sales of $110,000 or less.
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Nebraska
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Nevada
Daily Overtime: 8
Weekly Overtime: 40
New Hampshire
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
New Jersey
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
New Mexico
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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)
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)
North Dakota
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Ohio
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Oklahoma
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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)
Pennsylvania
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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
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)
South Carolina
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
South Dakota
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Tennessee
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Texas
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Utah
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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)
Virginia
Applicable to employers of 4 or more employees.
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
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
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)
West Virginia
Applicable to employers of 6 or more employees at one location.
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Wisconsin
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)
Wyoming
Daily Overtime: N/A
Weekly Overtime: 40 (FLSA)