Overtime Laws by State
Federal law sets overtime after 40 hours a week. A few states add daily overtime or double time. Here is how the rules differ, with a calculator for each.
The federal rule
The Fair Labor Standards Act (FLSA) covers most U.S. employers. Non-exempt employees must receive at least 1.5 times their regular rate for hours over 40 in a workweek. A workweek is any fixed, recurring period of 7 consecutive days. Federal law does not require daily overtime, double time, or extra pay for weekends and holidays. Where a state law is more generous, employers must follow the state law.
States with daily overtime
| State | Daily overtime | Weekly overtime | Double time |
|---|---|---|---|
| California | Over 8 hours a day | Over 40 hours | Over 12 hours a day; over 8 on the 7th consecutive day |
| Alaska | Over 8 hours a day (employers with 4 or more employees) | Over 40 hours | No |
| Nevada | Over 8 hours in a 24-hour period, for employees earning less than 1.5× the state minimum wage | Over 40 hours | No |
| Colorado | Over 12 hours in a workday or 12 consecutive hours | Over 40 hours | No |
Other notable state rules
- New York: overtime after 40 hours, or 44 hours for residential employees who live in the employer's home.
- Texas, Florida and Illinois: overtime after 40 hours in a workweek, no daily overtime.
- Most other states follow the federal 40-hour weekly rule. Some have their own overtime statute that mirrors it, and a few rely only on federal law.
Weekly vs. daily overtime: why it matters
Four 10-hour days add up to 40 hours. Under the federal rule that week has no overtime. In California the same week has 8 hours of daily overtime, unless the employer has a valid alternative workweek schedule. Always check which rule applies to your job before comparing your paycheck.
Official sources
- U.S. Department of Labor – Overtime pay (FLSA)
- U.S. Department of Labor – State minimum wage laws
- California Labor Commissioner – Overtime FAQ
- Alaska Department of Labor – Wage and Hour FAQ
- New York State Department of Labor – Overtime FAQ
Last reviewed: November 2026. Laws and wage rates change. This calculator gives estimates for non-exempt hourly employees and is not legal advice. Check with your state labor department or an employment lawyer for your situation.
Frequently asked questions
Which states have daily overtime?
California, Alaska, Nevada and Colorado have daily overtime rules. California is the only state that also requires double time by law.
Is overtime after 8 hours a day?
Only in some states. Federal law uses 40 hours per workweek. California, Alaska and Nevada (for lower-paid employees) add overtime after 8 hours in a day, and Colorado after 12.
Can my employer average hours over two weeks?
Generally no. Under federal law each workweek stands alone, so overtime is calculated separately for each 7-day workweek even if you are paid every two weeks. The main exception is the 8-and-80 system, which hospitals and residential care facilities may use by agreement with employees.