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Overtime Laws By State [2026]

By Jack Flynn
Dec. 11, 2023
Last Modified and Fact Checked on: Jan. 31, 2026

Research Summary: As of 2026, federal law mandates that employers provide paid overtime for any worker exceeding 40 hours in a week. While most states follow the federal model, some have instituted their own overtime regulations. If you’re looking for specifics on overtime laws by state, you’re in the right place. Our comprehensive research has uncovered crucial facts about overtime laws in the U.S.:

Key Takeaways:

  • The federal overtime threshold is 40 hours of work per week.

  • States like Alaska, California, Colorado, and Nevada mandate overtime pay for work exceeding 8-12 hours per day.

  • All states offer 1.5x the regular pay rate for hours worked over 40 in a week.

  • States without specific overtime laws default to federal regulations.

  • In cases where state and federal laws conflict, employers must adhere to the law that offers greater benefits to employees.

Overtime Laws by State

State Daily OT Threshold Weekly OT Threshold
Alabama 40 hours (1.5x)
Alaska 8 hours (1.5x) 40 hours (1.5x)
Arizona 40 hours (1.5x)
Arkansas 40 hours (1.5x)
California 8 hours (1.5x) – 12 hours (2x) 40 hours (1.5x)
Colorado 12 hours (1.5x) 40 hours (1.5x)
Connecticut 40 hours (1.5x)
Delaware 40 hours (1.5x)
Florida 40 hours (1.5x)
Georgia 40 hours (1.5x)
Hawaii 40 hours (1.5x)
Idaho 40 hours (1.5x)
Illinois 40 hours (1.5x)
Indiana 40 hours (1.5x)
Iowa 40 hours (1.5x)
Kansas 40 hours (1.5x)
Kentucky 40 hours (1.5x)
Louisiana 40 hours (1.5x)
Maine 40 hours (1.5x)
Maryland 40 hours (1.5x)
Massachusetts 40 hours (1.5x)
Michigan 40 hours (1.5x)
Minnesota 40 hours (1.5x)
Mississippi 40 hours (1.5x)
Missouri 40 hours (1.5x)
Montana 40 hours (1.5x)
Nebraska 40 hours (1.5x)
Nevada 8 hours (1.5x) 40 hours (1.5x)
New Hampshire 40 hours (1.5x)
New Jersey 40 hours (1.5x)
New Mexico 40 hours (1.5x)
New York 40 hours (1.5x)
North Carolina 40 hours (1.5x)
North Dakota 40 hours (1.5x)
Ohio 40 hours (1.5x)
Oklahoma 40 hours (1.5x)
Oregon 40 hours (1.5x)
Pennsylvania 40 hours (1.5x)
Rhode Island 40 hours (1.5x)
South Carolina 40 hours (1.5x)
South Dakota 40 hours (1.5x)
Tennessee 40 hours (1.5x)
Texas 40 hours (1.5x)
Utah 40 hours (1.5x)
Vermont 40 hours (1.5x)
Virginia 40 hours (1.5x)
Washington 40 hours (1.5x)
West Virginia 40 hours (1.5x)
Wisconsin 40 hours (1.5x)
Wyoming 40 hours (1.5x)

Detailed Overtime Laws by State

The majority of states—43, to be precise—do not have specific overtime laws and default to federal regulations. Hence, in most states, you will typically earn overtime when working over 40 hours per week.

Nevertheless, some states have unique provisions for daily overtime or other exceptions. Here’s a closer look at these states:

  1. Alaska

    Alaska mandates that employers pay overtime not only for exceeding 40 hours in a week but also for exceeding 8 hours a day. There are exemptions for certain occupations, particularly in agriculture and aquatic jobs.

  2. California

    California’s overtime laws are among the most comprehensive, requiring 1.5x pay for employees who work beyond:

    • 40 hours per week

    • 8 hours per day

    • 6 days per week

    Additionally, there is a double-time provision, which requires employers to pay double the hourly rate for work exceeding 12 hours in a day or for the 8th day of consecutive work.

  3. Colorado

    Colorado is another state that requires overtime pay for exceeding a certain number of daily work hours. Unlike other states, they require overtime pay when employees surpass:

    • 40 hours per week

    • 12 hours per day

    • 12 consecutive hours, regardless of when their shift starts

  4. Kansas

    Kansas law stipulates overtime only after an employee works over 46 hours in a week. However, federal law applies to businesses subject to the FLSA, mandating overtime after 40 hours for those employees.

  5. Minnesota

    Similar to Kansas, Minnesota requires overtime pay only after 48 hours of work in a week. Again, businesses under FLSA jurisdiction must adhere to federal overtime laws.

  6. Nevada

    Like Alaska, Nevada requires overtime for work exceeding 8 hours in a day, in addition to the federal requirement of 40 hours per week.

Federal Overtime Laws

Federal overtime regulations, established by the Fair Labor Standards Act (FLSA), govern overtime requirements across the United States. Under these guidelines, employees are entitled to 1.5 times their regular pay rate for hours worked beyond 40 in a week.

Eligibility and Exemptions

Not all employees qualify for federal overtime standards. Exempt employees, including certain salaried workers, do not receive overtime pay. Common exemptions apply to executive, administrative, and professional roles, along with certain industries. Proper classification is crucial for compliance with federal regulations.

Enforcement and Compliance

The Wage and Hour Division (WHD) of the U.S. Department of Labor oversees the enforcement of federal overtime laws. They monitor compliance and investigate claims. Employers must maintain accurate records of employee hours, ensure correct classification, and make timely overtime payments to comply with these laws. Non-compliance can result in substantial penalties and legal repercussions.

Overtime Laws by State FAQ

  1. Which occupations are exempt from overtime pay?

    Occupations exempt from overtime pay typically include executive, administrative, and professional employees. Examples include:

    • Commission-based sales employees

    • Professionals in the technology sector

    • Transportation workers (e.g., drivers, loaders, mechanics)

    • Farmworkers on small farms

    • Employees in seasonal and recreational sectors

    • Those in executive, administrative, professional, and outside sales roles

  2. Which state has the best overtime laws?

    California is known for having the most comprehensive overtime laws. It mandates 1.5x pay for workers exceeding 40 hours per week, 8 hours per day, or 6 days per week, along with a double-time requirement for excessive daily hours.

  3. Which states require daily overtime pay?

    States like Alaska, California, Colorado, and Nevada require daily overtime pay for exceeding a specific daily work hour threshold. Alaska, California, and Nevada enforce overtime for exceeding 8 hours per day, while Colorado requires it only after 12 hours of work.

  4. What does salaried non-exempt mean?

    Salaried non-exempt employees receive a fixed salary but are also entitled to overtime pay. These employees earn overtime when they work beyond the standard 40-hour workweek, ensuring they are compensated fairly while maintaining a salaried status.

Conclusion

Overtime laws are consistent across all 50 states, with federal regulations requiring employers to pay employees 1.5 times their standard hourly rate for any hours worked beyond 40 in a week. This model is prevalent in nearly every state, even those with unique exceptions.

However, states like Alaska, California, Colorado, and Nevada extend further protections by mandating overtime for exceeding specific daily work hour thresholds. In most cases, overtime kicks in after 8 hours of work per day, except in Colorado, where the threshold is set at 12 hours.

In summary, every hourly employee in the U.S. is entitled to overtime pay and can confidently expect to earn it for any hours worked beyond 40 hours per week.

Author

Jack Flynn

Jack Flynn is a writer for Zippia. In his professional career he’s written over 100 research papers, articles and blog posts. Some of his most popular published works include his writing about economic terms and research into job classifications. Jack received his BS from Hampshire College.

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