Overtime Rules by State: Daily vs Weekly Overtime
Federal law sets a baseline for overtime, but states can give workers more. Here is how daily and weekly overtime differ and where to check the rules for your state.
Federal baseline: weekly overtime
The federal Fair Labor Standards Act requires time and a half for covered, non-exempt employees after 40 hours in a workweek. It does not require overtime based on hours in a single day. In a state that follows only the federal rule, working 12 hours on Monday and 28 hours in the rest of the week is 40 hours in total, so no overtime is due under federal law.
Daily overtime in some states
A number of states add rules based on hours in a day. Examples that are often cited include:
- California: overtime after 8 hours in a workday and after 40 hours in a week, with double time after 12 hours in a day in many cases, plus special rules for the seventh consecutive day of work
- Alaska: overtime after 8 hours in a day as well as after 40 hours in a week for many employees
- Nevada: daily overtime for many employees who earn below a set hourly amount, tied to the state minimum wage
- Colorado: overtime after 12 hours in a day or 12 consecutive hours, as well as after 40 hours in a week
These examples are summaries. The exact rules include exceptions and change over time, so check the current wording with your state labor department.
Example: weekly vs daily overtime
Suppose you earn $20 an hour and work 10 hours a day for four days, a total of 40 hours. Under the federal rule alone, you have no overtime because you did not pass 40 hours. In a state with an 8 hour daily overtime rule, the 2 extra hours each day count, giving 8 overtime hours in total. Pay would be 32 regular hours × $20 = $640 plus 8 overtime hours × $30 = $240, for a total of $880 instead of $800.
The difference is $80 for the week for the same hours, which shows why it is worth knowing which rule applies where you work.
Double time
A few states require double time, which is 2 times the regular rate, after a high number of hours in a day. At $20 an hour, double time is $40 an hour. This is different from time and a half and is not required by federal law.
Higher state minimum wage changes the math
Many states and cities set a minimum wage above the federal $7.25. Your regular rate, and therefore your overtime rate, must be at least the higher local minimum. If the local minimum is $15 an hour, the lowest overtime rate is $22.50.
Who is exempt
Both federal and state laws exempt some roles from overtime, such as certain executives, administrators and professionals who meet salary and duties tests. State tests can be stricter than federal ones, so an employee who is exempt federally may still qualify for overtime under state law.
How to find your state's rules
Search for your state name plus "labor department overtime". Official state labor department pages usually explain who is covered, the daily and weekly thresholds and how to file a wage complaint. The U.S. Department of Labor Wage and Hour Division also has a page that links to state labor offices.
Check your own paycheck
Add up the hours you worked each day, not only for the week. If your state has daily overtime, compare the hours beyond the daily limit with what your pay stub shows. If the numbers do not match, ask payroll to explain.
Calculate it
For a simple weekly estimate, use our Overtime Pay Calculator. For daily overtime, enter the extra hours as overtime hours. For the basics, read how to calculate overtime pay.
Example: a seventh day of work
Some states have special rules for the seventh consecutive day of work in a week. In California, for example, the first 8 hours on the seventh straight day are generally paid at time and a half and hours beyond that at double time, with certain exceptions. Rules like this show why your location matters.
Frequently asked questions
Do all states have daily overtime?
No. Only some states do. Many follow the federal weekly rule only.
Which law applies if state and federal rules differ?
The rule that gives the worker more protection generally applies.
Where do I report unpaid overtime?
Contact your state labor department or the U.S. Department of Labor Wage and Hour Division.
Is this legal advice?
No. These are general summaries and laws change, so confirm with an official source for your situation.