Overtime Variations by State

Author: Michael Cardman, XpertHR Legal Editor

Almost everyone is familiar with the basic Fair Labor Standards Act (FLSA) requirement that all nonexempt employees must be paid at least one and one-half times their regular rate of pay for all hours worked beyond 40 in a workweek. But an employer also must comply with any state overtime requirements

Many states (marked N/A in the chart below) have no overtime requirements of their own. Except in rare cases in which an employer is not covered by the FLSA, employees in these states will need to be paid overtime according to federal rules.

Some states (marked "Same as federal") have their own overtime requirements, but they are for all intents and purposes the same as those of the FLSA.

Other states have unique standards of their own, which are briefly described in the chart below. In some states - Alaska, California, Colorado, Florida, Massachusetts, Nevada, Oregon and Rhode Island - the overtime standard is more stringent than the federal standard. In these states, the more stringent state standard must be followed, except in rare cases in which an employee is exempt from state overtime requirements but not federal overtime requirements. In other states - Kansas, Minnesota, New York and North Carolina - the reverse holds true.

Note: The scope of this chart is limited. It does not address state overtime requirements beyond the basic formulas for computing overtime, such as alternative work periods (besides the usual 40 hours per week), compensatory time off, forms of compensation that must be included in the regular rate, and other state-specific variations. These subjects are addressed in the State Requirements section of the Employment Law Manual.


State Overtime Requirements

Alabama

N/A

Alaska

One and one-half times the regular rate for hours worked in excess of 40 in a workweek or in excess of eight hours in any workday.

Arizona

None for private sector employees; same as federal for public employees.

Arkansas

Same as federal

California

One and one-half times the regular rate of pay for all hours worked in excess of 40 hours in any workweek, in excess of eight hours up to and including 12 hours in any workday, and for the first eight hours worked on the seventh consecutive day of work in a workweek; two times the regular rate of pay for all hours worked in excess of 12 hours in any workday and in excess of eight hours on the seventh consecutive day of work in a workweek; one and one-half times the regular rate of pay for all hours worked by a personal attendant beyond nine hours in any workday and for all hours worked beyond 45 hours in a workweek.

Colorado

One and one-half times the regular rate of pay for any hours worked in excess of 40 per workweek, 12 hours per workday, or 12 consecutive hours without regard to the starting and ending time of the workday (excluding duty-free meal periods), whichever calculation results in the greater payment of wages.

Connecticut

Same as federal

Delaware

N/A

District of Columbia

Same as federal

Florida

One and one-half times the regular rate for manual laborers who work more than 10 hours in a workday; none for other workers.

Georgia

N/A

Hawaii

Same as federal

Idaho

N/A

Illinois

Same as federal

Indiana

Same as federal

Iowa

N/A

Kansas

One and one-half times the regular rate of pay for any hours worked beyond 46 in a workweek.

Kentucky

One and one-half times the regular rate of pay for all hours worked on the seventh day of a workweek if, by the end of that day, the employee has worked more than 40 hours in that workweek, with certain exceptions.

Louisiana

N/A

Maine

Same as federal

Maryland

Same as federal

Massachusetts

One and one-half times the regular rate of pay for any hours worked by certain retail employees on a Sunday or on certain holidays.

Michigan

Same as federal

Minnesota

One and one-half times the regular rate of pay for any hours worked beyond 48 in a workweek.

Mississippi

N/A

Missouri

Same as federal

Montana

Same as federal

Nebraska

N/A

Nevada

Nonexempt employees who receive an hourly pay rate that is less than one and one-half times the applicable Nevada minimum wage must be paid one and one-half times their regular rate of pay for all hours worked beyond 40 in a workweek and for all hours worked beyond eight in each workday (unless by mutual written agreement the employee works four 10-hour calendar days within any scheduled workweek); same as federal for all other employees.

New Hampshire

Same as federal

New Jersey

Same as federal

New Mexico

Same as federal

New York

Same as federal for most employees; one and one-half times the regular rate of pay for hours worked beyond 44 in a workweek for live-in domestic help.

North Carolina

Same as federal for most employees; one and one-half times the regular rate of pay for hours worked beyond 45 in a workweek for employees of seasonal and recreational establishments.

North Dakota

Same as federal

Ohio

Same as federal

Oklahoma

N/A

Oregon

Same as federal for most employees; one and one-half times the regular rate of pay for hours worked beyond 10 in a workday for employees of canneries, driers or packing plants.

Pennsylvania

Same as federal

Rhode Island

One and one-half times the regular rate of pay for any hours worked on a Sunday or on certain holidays.

South Carolina

Same as federal for public employees.

South Dakota

N/A

Tennessee

N/A

Texas

N/A

Utah

N/A

Vermont

Same as federal

Virginia

N/A

Washington

Same as federal

West Virginia

Same as federal

Wisconsin

Same as federal

Wyoming

N/A