Overtime Laws by State
Federal law requires overtime pay after 40 hours per week, but some states go further with daily overtime, double time, and lower thresholds. Here are the rules where you work.
Browse overtime laws by state
Select a state below to see full overtime rules, including daily overtime thresholds, double time provisions, seventh-day rules, and exemption details.
How does overtime work?
Under the federal Fair Labor Standards Act (FLSA), non-exempt employees must be paid at least 1.5 times their regular rate for hours worked beyond 40 in a workweek. Many people assume this is the only rule, but several states add their own requirements on top of the federal baseline.
Some states require daily overtime (pay kicks in after a set number of hours in a single day, not just weekly). A few provide double time for especially long shifts. Others mandate special rates for working a seventh consecutive day. And some states have no state overtime law at all, relying entirely on the federal standard.
What does "exempt" mean?
Not every employee is entitled to overtime. Salaried employees who meet certain duties tests and earn above a minimum salary threshold may be classified as "exempt." Common exempt categories include executive, administrative, professional, and outside sales employees. If you are classified as exempt, your employer does not have to pay you overtime, regardless of how many hours you work. Some states set higher salary thresholds for exemption than the federal level.
Frequently Asked Questions
Most states do not require daily overtime. The most notable exception is California, which requires 1.5x pay after 8 hours in a day and 2x pay after 12 hours. A few other states have daily overtime rules for specific industries or situations. Use the lookup above to check your state.
In most states, yes. Employers can generally require employees to work overtime, as long as they pay the proper overtime rate. Some states have specific restrictions for certain workers, such as nurses or emergency responders. Refusing to work mandatory overtime can result in discipline or termination in most at-will states.
If you are non-exempt and working more than the applicable overtime threshold, you are likely owed overtime pay. You can file a wage claim with your state's labor department or the federal Department of Labor. Many states allow you to recover back pay plus penalties. Consider consulting an employment attorney if the amount is significant.