State Overtime Rules & Premium Pay Laws

Below you will find the most current U.S. Department of Labor report of premium pay rules for each U.S. state and territory. In addition to state law overtime rules, the federal overtime pay rule often applies so that an employees hours worked beyond 40 in a week are to be paid at a rate not less than time and one-half their regular rate of pay.

Alabama
Daily Overtime: NA
Weekly Overtime: NA

Alaska
Daily Overtime: 8
Weekly Overtime: 40

Under a voluntary flexible work hour plan approved by the Alaska Department of Labor, a 10 hour day, 40 hour workweek may be instituted with premium pay after 10 hours a day instead of after 8 hours. The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.

American Samoa
Daily Overtime: Varies
Weekly Overtime: Varies

American Samoa has special overtime laws.

Arizona
Daily Overtime: NA
Weekly Overtime: NA

Arkansas
Daily Overtime: NA
Weekly Overtime: 40

Applicable to employers of 4 or more employees.

California
Daily Overtime: 8
Weekly Overtime: 40

Any work in excess of eight hours in one workday and any work in excess of 40 hours in one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be at the rate of one and one-half times the regular rate of pay. Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay. Exceptions apply to an employee working pursuant to an alternative workweek adopted pursuant to applicable Labor Code sections and for time spent commuting. See Labor Code sections 510 for exceptions.

Colorado
Daily Overtime: 12
Weekly Overtime: 40

Minimum wage rate and overtime provisions applicable to retail and service, commercial support service, food and beverage, and health and medical industries.

Connecticut
Daily Overtime: NA
Weekly Overtime: 40

In restaurants and hotel restaurants, for the 7th consecutive day of work, premium pay is required at time and one half the minimum rate. The Connecticut minimum wage rate automatically increases to 0.5 percent above the rate set in the Fair Labor Standards Act if the federal minimum wage rate equals or becomes higher than the State minimum.

Delaware
Daily Overtime: NA
Weekly Overtime: NA

District of Columbia
Daily Overtime: NA
Weekly Overtime: 40

Florida
Daily Overtime: NA
Weekly Overtime: NA

Georgia
Daily Overtime: NA
Weekly Overtime: NA

Applicable to employers of 6 or more employees.

Guam
Daily Overtime: NA
Weekly Overtime: 40

Hawaii
Daily Overtime: NA
Weekly Overtime: 40

An employee earning guaranteed monthly compensation of $2,000 or more is exempt from the State minimum wage and overtime law. Domestic service workers are subject to Hawaii’s minimum wage and overtime requirements. Act 248, Regular Session 2013.

Idaho
Daily Overtime: NA
Weekly Overtime: NA

Illinois
Daily Overtime: NA
Weekly Overtime: 40

Applicable to employers of 4 or more employees, excluding family members.

Indiana
Daily Overtime: NA
Weekly Overtime: 40

Applicable to employers of 2 or more employees.

Iowa
Daily Overtime: NA
Weekly Overtime: NA

Kansas
Daily Overtime: NA
Weekly Overtime: 46

Kentucky
Daily Overtime: NA
Weekly Overtime: 40 & 7th Day

The 7th day overtime law, which is separate from the minimum wage law differs in coverage from that in the minimum wage law and requires premium pay on the seventh day for those employees who work seven days in any one workweek. Compensating time in lieu of overtime is allowed upon written request by an employee of any county, charter county, consolidated local government, or urban-county government, including an employee of a county-elected official.

Louisiana
Daily Overtime: NA
Weekly Overtime: NA

Maine
Daily Overtime: NA
Weekly Overtime: 40

Maryland
Daily Overtime: NA
Weekly Overtime: 40

Massachusetts
Daily Overtime: NA
Weekly Overtime: 40

Michigan
Daily Overtime: NA
Weekly Overtime: 40

Applicable to employers of 2 or more employees.

Minnesota
Daily Overtime: NA
Weekly Overtime: 48

Mississippi
Daily Overtime: NA
Weekly Overtime: NA

Missouri
Daily Overtime: NA
Weekly Overtime: 40

In addition to the exemption for federally covered employment, the law exempts, among others, employees of a retail or service business with gross annual sales or business done of less than $500,000. Premium pay required after 52 hours in seasonal amusement or recreation businesses.

Montana
Daily Overtime: NA
Weekly Overtime: 40

State Law – Except businesses with gross annual sales of $110,000 or less.

Nebraska
Daily Overtime: NA
Weekly Overtime: NA

Nevada
Daily Overtime: 8
Weekly Overtime: 40

New Hampshire
Daily Overtime: NA
Weekly Overtime: 40

New Jersey
Daily Overtime: NA
Weekly Overtime: 40

New Mexico
Daily Overtime: NA
Weekly Overtime: 40

New York
Daily Overtime: NA
Weekly Overtime: 40

Employees receive 1 hour’s pay at minimum wage rate in addition to owed wages when spread of hours exceeds 10 hours, there is a split shift, or both.

North Carolina
Daily Overtime: NA
Weekly Overtime: 40

Premium pay is required after 45 hours a week in seasonal amusements or recreational establishments.

North Dakota
Daily Overtime: NA
Weekly Overtime: 40

Ohio
Daily Overtime: NA
Weekly Overtime: 40

Oklahoma
Daily Overtime: NA
Weekly Overtime: NA

Oregon
Daily Overtime: NA
Weekly Overtime: 40

Premium pay required after 10 hours a day in nonfarm canneries, driers, or packing plants and in mills, factories or manufacturing establishments (excluding sawmills, planning mills, shingle mills, and logging camps).O

Pennsylvania
Daily Overtime: NA
Weekly Overtime: 40

Puerto Rico
Daily Overtime: 8*
Weekly Overtime: 40 (Double Time)

*Double time on statutory rest day.

Rhode Island
Daily Overtime: NA
Weekly Overtime: 40

Time and one-half premium pay for work on Sundays and holidays in retail and certain other businesses is required under two laws that are separate from the minimum wage law.

South Carolina
Daily Overtime: NA
Weekly Overtime: NA

South Dakota
Daily Overtime: NA
Weekly Overtime: NA

Tennessee
Daily Overtime: NA
Weekly Overtime: NA

Texas
Daily Overtime: NA
Weekly Overtime: NA

Utah
Daily Overtime: NA
Weekly Overtime: NA

Vermont
Daily Overtime: NA
Weekly Overtime: 40

Applicable to employers of 2 or more employees. The State overtime pay provision has very limited application because it exempts numerous types of establishments, such as retail and service; seasonal amusement/recreation; hotels, motels, restaurants; and transportation employees to whom the Federal (FLSA) overtime provision does not apply.

Virginia
Daily Overtime: NA
Weekly Overtime: NA

Applicable to employers of 4 or more employees.

Virgin Islands
Daily Overtime: 8
Weekly Overtime: 40 On 6th & 7th consecutive days

Except businesses with gross annual receipts of less than $150,000.

Vermont
Daily Overtime: NA
Weekly Overtime: 40

Applicable to employers of 2 or more employees. The State overtime pay provision has very limited application because it exempts numerous types of establishments, such as retail and service; seasonal amusement/recreation; hotels, motels, restaurants; and transportation employees to whom the Federal (FLSA) overtime provision does not apply.

Virginia
Daily Overtime: NA
Weekly Overtime: NA

Applicable to employers of 4 or more employees.

Virgin Islands
Daily Overtime: 8
Weekly Overtime: 40 On 6th & 7th consecutive days

Except businesses with gross annual receipts of less than $150,000.

The information presented is intended for reference only and is neither tax nor legal advice. Consult a professional tax, legal or other advisor to verify this information and determine if and/or how it may apply to your particular situation.