Overtime Laws By State [2023]

Research Summary: As of 2023, federal law requires that employers provide paid overtime to anyone working over 40 hours per week. Some states have opted to create their own overtime laws, with those that don’t default to the federal model. So, if you want to know more about overtime laws by state, we’ve got you covered. We’ve investigated all of the most essential facts about overtime laws in the US, and according to our extensive research:

Key Takeaways:

• The weekly federal OT threshold is 40 hours of work.

• Alaska, California, Colorado, and Nevada all pay workers overtime if they work more than 8-12 hours per day.

• All states offer 1.5x the regular rate of pay for working over 40 hours per week.

• States without their own overtime rules default to federal law.

• When there are conflicting state and federal overtime laws, the employer must abide by the law that provides more benefits to the employee.

Overtime laws by state

Detailed overtime laws by state

The vast majority of states, 43 to be exact, don’t have any specific overtime laws. In these states, the federal law is used as the default. As a result, you can expect to earn overtime only when you work 40 hours per workweek in most states.

However, some states require overtime for working over a certain number of hours per day, or have other exceptions. Here is some more detailed information about these states:

1. Alaska

   On top of requiring employers to provide overtime when workers exceed 40 hours of work per week, Alaska also requires them to do the same when workers exceed 8 hours of work per day. Nevertheless, there are exemptions within the state’s overtime rules, particularly concerning certain occupations in agriculture and aquatic work.

2. California

   California has some of the most comprehensive overtime laws in the US, requiring employers to pay 1.5x pay when employees work over:

   • 40 hours per week

   • 8 hours per day

   • 6 days per week

   Further, the state also has a double-time law requiring employers to pay double an employee’s hourly rate when they work over 12 hours per day or 8 hours on the seventh consecutive day of work in a workweek.

3. Colorado

   Colorado is another one of the few states that mandates overtime pay for surpassing a certain number of daily work hours. This state is stricter than the rest, though; instead of requiring OT when an employee surpasses 8 hours of work per day, they will only receive overtime if they exceed:

   • 40 hours per week

   • 12 hours per day

   • 12 consecutive hours, regardless of their shift’s start and end time

4. Kansas

   On the opposite end of the spectrum, Kansas has an overtime law requiring employers to pay OT only when an employee has worked over 46 hours in a workweek.

   However, this law doesn’t actually apply to all employees in the state, as federal law requires employees to be paid overtime after surpassing 40 hours of work per workweek. Therefore, businesses covered by the FLSA must abide by the federal standard in Kansas. Otherwise, they will follow the state’s rules for non-exempt employees.

5. Minnesota

   Like Kansas, Minnesota’s state overtime legislation necessitates overtime pay for employees working beyond 48 hours in a workweek. However, businesses falling under FLSA jurisdiction must adhere to federal law.

6. Nevada

   Like Alaska, Nevada requires employers to provide overtime when employees work more than 8 hours per day, on top of OT for working over 40 hours per week.

Federal overtime laws

Established by the Fair Labor Standards Act (FLSA), federal overtime laws govern OT requirements across the US. According to FLSA guidelines, employees are entitled to 1.5x their typical hourly pay rate when they’ve worked beyond 40 in a workweek.

Eligibility and Exemptions

Not all employees are qualified for federal overtime standards. Exempt employees, such as certain salaried workers, are exempt from overtime requirements.

Common exemptions include executive, administrative, and professional roles, with certain industries and occupations being exempt from overtime rules. It’s vital for employees and employers to comply with federal regulations through correct classification.

Enforcement and Compliance

The Wage and Hour Division (WHD) of the U.S. Department of Labor enforces federal overtime laws. They investigate and monitor states and employers to ensure compliance. On the employer’s end, compliance requires accurate record-keeping of employees’ work hours, proper classification, and timely payment of overtime wages.

Employers failing to adhere to federal OT laws can face penalties, fines, and legal action.

Overtime laws by state FAQ

1. Which occupations are exempt from overtime pay?

   Occupations that are exempt from overtime pay include ones with executive, administrative, and professional employees. Examples of occupations that fall under these categories include:

   • Employees on commission-based sales

   • Professionals in the computer industry

   • Transportation workers (i.e., drivers, helpers, loaders, and mechanics)

   • Farmworkers on small farms

   • Employees in seasonal and recreational establishments

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

2. Which state has the best overtime laws?

   California has the most comprehensive overtime laws. This state requires employers to pay 1.5x the worker’s hourly rate when they work 40 hours per week, 8 hours per day, or 6 days per week. Additionally, the state also requires employers to pay 2x the hourly rate when employees work over 12 hours per day or 8 hours on the seventh consecutive day of work in a workweek.

3. Which states require daily overtime pay?

   Alaska, California, Colorado, and Nevada all require employers to pay overtime when employees surpass a certain number of work hours per day. Alaska, California, and Nevada all have laws requiring employers to pay OT when employees exceed 8 hours of work per day.

   Colorado is the outlier, only requiring overtime pay when employees surpass 12 hours of work per day.

4. What does salaried non-exempt mean?

   The salaried non-exempt classification means employees receive a fixed salary, but are also eligible for overtime pay. These employees can receive overtime pay when working beyond the standard 40-hour workweek. This arrangement allows employers to maintain a salaried workforce while ensuring that employees are fairly compensated.

Conclusion

Overtime hours are fairly standard across all 50 states, with federal law requiring employers to pay employees 1.5x their typical hourly rate when they’ve worked over 40 hours per week. This model can be found in almost every state, even those with exceptions.

However, four states go even further than that. Alaska, California, Colorado, and Nevada all require employers to pay overtime when employees surpass a certain number of work hours per day. In most cases, OT pay kicks in when employees work over 8 hours per day. However, Colorado’s limit is 12 hours.

Overall, though, every hourly employee in the US is entitled to overtime pay and can comfortably assume that they will earn overtime if they work over 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.