U.S. Overtime Pay Rules by State
Comprehensive directory of overtime pay rules, 40-hour workweek baselines, daily overtime thresholds, and 2026 salary minimums across the United States (US).
In the United States, overtime is governed concurrently by the federal Fair Labor Standards Act (FLSA, 29 U.S.C. § 207) and individual state labor statutes. When federal and state laws conflict, the standard that provides greater financial protection or pay to the employee takes legal precedence.
Our calculation engine currently features dedicated statutory rule modules for California, Colorado, New York, Alaska, Nevada, and Oregon (6 jurisdictions). For all other 45 U.S. jurisdictions, our calculator applies the federal FLSA 40-hour baseline because state-specific overtime requirements are not yet fully implemented.
Dedicated State Rule Engines (6)
Jurisdictions with active, custom statutory calculation modules, daily rules, and double-time logic.
California (CA)
Daily 8h/12hCalifornia enforces daily overtime (1.5x after 8 hours), daily double-time (2.0x after 12 hours), 40-hour weekly overtime (1.5x), and 7th consecutive workday rules (1.5x for first 8 hours, 2.0x thereafter) within an established workweek.
Colorado (CO)
Daily 12hColorado requires overtime (1.5x) after 12 hours per workday or after 40 hours per workweek, whichever yields the greater pay for the employee under COMPS Order #40.
New York (NY)
Weekly 40h + SpreadNew York mandates 1.5x overtime after 40 regular hours in a workweek, alongside conditional spread-of-hours rules (an extra 1 hour at basic minimum wage when daily spread exceeds 10 hours) and distinct Downstate vs Upstate statutory schedules.
Alaska (AK)
Daily 8h & 40hAlaska enforces daily overtime (1.5x for hours worked over 8 in a single workday) and weekly overtime (1.5x for hours worked over 40 in a workweek). Employers with fewer than 4 employees are exempt from Alaska statutory daily overtime under AS 23.10.060(d)(1).
Nevada (NV)
Wage Tier DailyUnder NRS 608.018, employees whose regular rate is less than 1.5× the minimum wage ($18.00/hr based on Nevada $12.00 minimum wage) receive overtime after 8 hours in a 24-hour workday (or 10 hours under a 4×10 agreement). Employees earning $18.00/hr or more receive overtime after 40 hours in a workweek.
Oregon (OR)
10h Mill / 40hOregon enforces 1.5x regular rate after 40 hours in a workweek for general employees. For employees in manufacturing establishments, mills, factories, and canneries, overtime at 1.5x is required for hours in excess of 10 in any one day, with a statutory 13-hour daily maximum work limit.
Federal FLSA Baseline Standard Jurisdictions (45)
Jurisdictions evaluated under the federal FLSA 40-hour weekly standard (1.5× rate). State-specific overtime requirements are not yet fully implemented.
Understanding U.S. Overtime Law Basics
The 40-Hour Workweek Standard
Under the Fair Labor Standards Act (FLSA), covered non-exempt employees must receive overtime pay for hours worked exceeding 40 in a workweek at a rate not less than time and one-half (1.5×) their regular rate of pay. An employer cannot average hours over two or more weeks.
Exemption Duties Tests
To be exempt from overtime pay, an employee must earn at least the federal post-vacatur baseline ($684.00/week; $35,568/year) or applicable higher state threshold, and perform bona fide executive, administrative, or professional duties under 29 C.F.R. Part 541.