State Overtime Laws

Each state in the country has its own overtime laws for its companies. These companies must abide by the overtime laws and pay their employees whatever overtime they work in one 40-hour workweek.

Related Ads

Talk to an Employment Lawyer

Enter Your Zip Code to Connect with a Lawyer Serving Your Area

searchbox small

The Fair Labor Standards Act (FLSA) is the federal law that governs wage and hour issues, including minimum wage, child labor, and overtime. Under the FLSA, employers have to pay overtime to eligible employees who work more than 40 hours in a week. 

Most states also have their own overtime laws. An employee who works in a state with an overtime law is entitled to the benefits under whichever law, federal or state, is more protective of the employee's rights. For example, if a state law requires overtime after an employee works eight hours in a day, employees in that state are entitled to daily overtime, as well as weekly overtime under the federal law. 

State laws differ from the FLSA in a few ways:

  • They may cover different employers. The FLSA applies to the vast majority of employers, but not to all. Very small and local companies may not be subject to the FLSA, but might still be covered by a state overtime law. 
  • They may exempt different employees. Not all employees are eligible to earn overtime under the FLSA; employees who fit into one of the exempt categories are entitled to overtime. (For more, see Exempt vs. Nonexempt: Who Is Entitled to Overtime?) State laws may provide different exemptions, so an employee may be entitled to overtime under state law but not federal, or vice versa. 
  • They may require overtime on a daily basis or after a different number of hours worked. A few states have a daily overtime standard, or require overtime after a different number of weekly hours (typically, this number is higher than the 40-hour threshold under the FLSA). 

State Laws on Overtime

To get detailed information on your state's overtime law, including which employees are entitled to overtime, which industries are covered, and more, contact your state labor department. Here, we provide a few basic facts about the overtime laws in states that have them. 

STATE

DAILY OVERTIME?

WEEKLY OVERTIME?

COVERED EMPLOYERS

Alaska

Yes, after eight hours

Yes, after 40 hours

Employers with at least four employees; commerce or manufacturing business

Arkansas

No

Yes, after 40 hours

Employers with at least four employees

California

Yes, after eight hours; after 12 hours, employees earn double time

Yes, after 40 hours. On seventh work day of the week, employees earn regular overtime for the first eight hours, double time after that

 

Colorado

Yes, after 12 hours (in one workday or 12 consecutive work hours)

Yes, after 40 hours

Retail, service, commercial support service, food and beverage, and health and medical industries

Connecticut

No

Yes, after 40 hours. For seventh consecutive workday, employees must be paid time-and-a-half. 

 

District of Columbia

No

Yes, after 40 hours

 

Hawaii

No

Yes, after 40 hours. Dairy, sugarcane, and seasonal agricultural workers get overtime after 48 hours.

 

Illinois

No

Yes, after 40 hours

Employers with at least four employees.

Indiana

No

Yes, after 40 hours

 

Kansas

No

Yes, after 46 hours

 

Kentucky

No

Yes, after 40 hours

 

Maine

No

Yes, after 40 hours

 

Maryland

No

Yes, after 40 hours. Employees at bowling alleys and residential employees caring for the sick, aged, intellectually disabled, or mentally ill in institutions other than hospitals earn overtime after 48 hours; agricultural workers earn overtime after 60 hours.

 

Massachusetts

No

Yes, after 40 hours. Certain employees entitled to time-and-a-half for working on Sundays. 

 

Michigan

No

Yes, after 40 hours

Employers with at least two employees

Minnesota

No

Yes, after 48 hours

 

Missouri

No

Yes after 40 hours. Employees of seasonal amusement or recreation businesses earn overtime after 52 hours.

 

Montana

No

Yes, after 40 hours. Students working seasonal jobs at amusement or recreational areas earn overtime after 48 hours.

 

Nevada

Yes, after eight hours, if the employee’s regular rate of pay is less than 1.5 times the minimum wage

Yes, after 40 hours

 

New Hampshire

No

Yes, after 40 hours

 

New Jersey

No

Yes, after 40 hours

 

New Mexico

No

Yes, after 40 hours

 

New York

No

Yes, after 40 for non-residential workers. Residential workers earn overtime after 44 hours.

 

North Carolina

No

Yes, after 40 hours. Employees of seasonal amusement or recreational businesses earn overtime after 45 hours.

 

North Dakota

No

Yes, after 40 hours. Cabdrivers earn overtime after 50 hours.

 

Ohio

No

Yes, after 40 hours

Employers that gross more than $150,000 annually

Oregon

No

Yes, after 40 hours

 

Pennsylvania

No

Yes, after 40 hours

 

Rhode Island

No

Yes, after 40 hours

 

Vermont

No

Yes, after 40 hours

Employers with at least two employees

Washington

No

Yes, after 40 hours

 

West Virginia

No

Yes, after 40 hours

Employers with at least six employees at one location

Wisconsin

No

Yes, after 40 hours

Manufacturing, mechanical, or retail businesses; beauty parlors, laundries, restaurants, hotels; telephone, express, shipping, and transportation companies

Talk to a Lawyer

Start here to find lawyers near you.
HOW IT WORKS
how it works 1
Briefly tell us about your case
how it works 2
Provide your contact information
how it works 1
Choose attorneys to contact you
LA-NOLO2:DRU.1.6.5.20141022.29090