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State Overtime Laws
Every company in business across the country, depending on the state they are located, must follow certain overtime laws regarding how many hours an employee is allowed to work per day and per week over the limit. The limit, or normal working hours, can be determined by custom, by the practices of a given trade or profession, by legislation or by an agreement between employers and workers or their representatives. The Fair Labor Standards Act of 1937 established a standard workweek of 40 hours for workers in the United States. The act also established the rate of payment for workers that work more than 40 hours per week. The required payment of overtime is one and a half times the workers’ normal rate of pay. States that do not have overtime laws are Delaware, Virginia, South Carolina, Georgia, Alabama, Mississippi, Tennessee, Louisiana, Oklahoma, Nebraska, Iowa, South Dakota, Wyoming, Utah, Arizona Labor Law, and Idaho.
Overtime Laws by State
| State | Overtime Law Exemptions |
| Maine | Mariners, meat and fish product workers, hotel and restaurant employees and auto mechanics |
| New Hampshire | Amusement, seasonal, and recreational employees |
| Vermont | Service establishments, seasonal employees, hotels and restaurants |
| Massachusetts | Newspaper carriers, caddies, executives, fishermen, switchboard operators, seasonal employees and outside salespersons |
| Rhode Island | Summer camp employees, police officers, fire fighters, emergency personnel and employees of a motor carrier |
| Connecticut | Driver, seaman, announcer, police, firefighters, inside salesperson and cab driver |
| New Jersey | Executive, farm labor, employees of hotels and limousine drivers |
| New York | Employees exempt from state minimum wage laws |
| Pennsylvania | Seaman, salespersons, taxi drivers, news editors, announcers, maple sugar processors and movie theater employees |
| Maryland | Recreational employees, amusement park employees, gas station employees, auto mechanics and taxi drivers |
| West Virginia | Auto mechanics and vehicle salespersons |
| Ohio | Employees exempt from state minimum wage laws and agricultural employees |
| North Carolina | Taxicab drivers, child care workers, seaman, railroad workers, radio and television personalities and volunteer firefighters |
| Michigan | Executives, administrators, employees exempt from state minimum wage laws, seasonal employees and elected public officials |
| Indiana | Employees under 16 years of age, medical interns, agricultural workers, insurance agents paid on commission and student nurses |
| Kentucky | Restaurants, hotels, salespeople, purchasing and distribution work, vehicle salespersons and agricultural workers |
| Florida | No exemptions |
| Wisconsin | Administrators, executives, and outside salespersons |
| Illinois | Employees exempt from state minimum wage laws |
| Missouri | Employees exempt from state minimum wage laws |
| Arkansas | Agricultural employees |
| Minnesota | Retail salespersons, farm equipment installers, vehicle mechanics and sugar beet employees |
| North Dakota | Executives, administrators, agricultural employees, foster care and direct care employees |
| Kansas | Employees exempt from state minimum wage laws, motor vehicle salespersons, and prisoners |
| Texas | No exemptions |
| Montana | Interstate motor carriers, railroad, express company, vehicle salespersons and cooks |
| Colorado | Salespersons, mechanics, and retail employees paid on commission |
| New Mexico | Employees exempt from state minimum wage laws |
| Washington | Seasonal employees, truck and bus drivers, and movie projectionists |
| Oregon | Employees exempt from state minimum wage laws |
| Nevada | Outside buyers, retail commission salespersons, railroad employees and taxi and limousine drivers |
| California | Certain private school teachers |
| Alaska | Employees exempt from state minimum wage laws |
| Hawaii | Employees with guaranteed compensation of at least $2,000 per month |
Legal Help
Anyone working in the United States should consult an overtime law attorney regarding their rights in the state they work. A lawyer will be able to answer any questions regarding a worker’s rights when it comes to state overtime laws and how to file a lawsuit against an employer for not providing overtime pay if it is required by law in that specific state. Working overtime, more than 40 hours per week, is difficult to add to a person’s schedule so they should be paid for their extra work on the job. A lawyer will be able to help their client obtain the overtime payment they are due.
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