The Fair Labor Standards Act (FLSA) governs federal overtime provisions, mandating that nonexempt employees receive overtime pay for hours worked beyond 40 in a standard workweek.
Overtime laws vary by state, and employers must be well-versed in local regulations to ensure proper compensation and compliance. Failure to do so can lead to U.S. Department of Labor (DOL) investigations and potential lawsuits from employees.
Overtime laws vary by state, and employers must be well-versed in local regulations to ensure proper compensation and compliance. Failure to do so can lead to U.S. Department of Labor (DOL) investigations and potential lawsuits from employees.
| State |
Law/Rule |
| Alabama |
40 Hours Per Week (Weekly hours worked in excess of 40 are exempt from Alabama's income tax)
|
| Alaska |
Eight Hours Per Day and then 40 Hours Per Week |
| Arizona |
40 Hours Per Week |
| Arkansas |
40 Hours Per Week |
| California |
Eight Hours Per Day or 40 Hours Per Week |
| Colorado |
12 Hours Per Day and 40 Hours Per Week |
| Connecticut |
40 Hours Per Week |
| Delaware |
40 Hours Per Week |
| Florida |
40 Hours Per Week |
| Georgia |
40 Hours Per Week |
| Hawaii |
40 Hours Per Week |
| Idaho |
40 Hours Per Week |
| Idaho |
40 Hours Per Week |
| Illinois |
40 Hours Per Week |
| Indiana |
40 Hours Per Week |
| Iowa |
40 Hours Per Week |
| Kansas |
Option A: 46 Hours Per Week for Exempt Employees
Option B: 40 Hours Per Week for Non-Exempt Employees |
| Kentucky |
40 Hours Per Week |
| Louisiana |
40 Hours Per Week |
| Maine |
40 Hours Per Week |
| Maryland |
40 Hours Per Week |
| Massachusetts |
Option A: 40 Hours Per Week
Option B: 40 Hours Per Week and Sunday – Massachusetts' Blue Law
|
| Michigan |
40 Hours Per Week |
| Minnesota |
Option A: 48 Hours per week
Option B: 40 Hours per week
|
| Mississippi |
40 Hours Per Week |
| Missouri |
40 Hours Per Week |
| Montana |
40 Hours Per Week |
| Nebraska |
40 Hours Per Week |
| Nevada |
Option A: Eight Hours Per Day and 40 Hours Per Week
Option B: 40 hours Per Week
|
| New Hampshire |
40 Hours Per Week |
| New Jersey |
40 Hours Per Week |
| New Mexico |
40 Hours Per Week |
| New York |
Option A: 44 Hours Per Week for Residential Employees
Option B: 40 Hours per Week for Nonresidential Employees
|
| North Carolina |
40 Hours Per Week |
| North Dakota |
40 Hours Per Week |
| Ohio |
40 Hours Per Week |
| Oklahoma |
40 Hours Per Week |
| Oregon |
10 Hours Per Day or 40 Hours Per Week |
| Pennsylvania |
40 Hours Per Week |
| Rhode |
40 Hours Per Week |
| Rhode Island |
40 Hours Per Week |
| South Carolina |
40 Hours Per Week |
| South Dakota |
40 Hours Per Week |
| Tennessee |
40 Hours Per Week |
| Texas |
40 Hours Per Week |
| Utah |
40 Hours Per Week |
| Vermont |
40 Hours Per Week |
| Vermont |
40 Hours Per Week |
| Vermont |
40 Hours Per Week |
| Washington |
Eight Hours Per Day or 40 Hours Per Week |
| West Virginia |
40 Hours Per Week |
| Wisconsin |
40 Hours Per Week |
| Wyoming |
40 Hours Per Week |
Available overtime options in OnTheClock.com
- Off: This option should be used if you do not want to calculate overtime.
- Eight Hours Per Day: Any hours worked in excess of eight hours in a day are OT1.
- 10 Hours Per Day: Any hours worked in excess of 10 hours in a day are OT1.
- 40 Hours Per Week: Any hours worked in excess of 40 hours in a workweek are OT1.
- 44 Hours Per Week: Any hours worked in excess of 44 hours in a workweek are OT1.
- 46 Hours Per Week: Any hours worked in excess of 46 hours in a workweek are OT1.
- 48 Hours Per Week: Any hours worked in excess of 48 hours in a workweek are OT1.
- 40 Hours Per Week and Sundays: Any hours worked in excess of 40 hours in a workweek are OT1 and work performed on Sundays is always OT1, even if the employee did not accumulate 40 hours during other days. Hours worked on Sundays do not count toward the accumulation of hours needed for weekly OT1.
- Eight Hours Per Day or 40 Hours Per Week: If the workweek has more than 40 total hours, OT1 is calculated the same as “40 Hours Per Week.” If the workweek has 40 or fewer total hours, OT1 is calculated as “Eight Hours Per Day.” This option will start accumulating weekly OT1 on the day after 40 hours are worked, thus the option may yield more than 40 regular work hours in a week.
- Eight Hours Per Day and 40 Hours Per Week: Any hours over eight hours in a day are considered OT1. Once the total workweek hours reaches 40, all hours are considered OT1. This option will start accumulating weekly OT1 on the day after 40 hours are worked, thus the option may yield more than 40 regular work hours in a week.
- Eight Hours Per Day then 40 Hours Per Week: Any hours over eight hours in a day are OT1. Once 40 regular hours are worked, all hours are moved to OT1. This option will start accumulating weekly OT1 on the day 40 hours are worked, thus the option will never yield more than 40 regular work hours in a week.
- 12 Hours Per Day and 40 Hours Per Week: Any hours exceeding 12 hours in a day are considered OT1. Once the total work week hours reaches 40, all hours are considered OT1. This option will start accumulating weekly OT1 on the day after 40 hours are worked, thus the option may yield more than 40 regular work hours in a week.
Additional State Rules/Laws
Alaska: Under Alaska Statute 23.10.055, employees in administrative, professional, and executive roles must meet defined compensation and responsibility criteria to be classified as exempt. The minimum salary for exemption is set at twice the state minimum wage for the initial 40 hours of weekly employment.
California: Nonexempt employees are eligible for overtime pay if they work more than eight hours a day, 40 hours a week, or six consecutive days. Overtime rates are set at 1.5 times or double the regular pay rate. For time worked in excess of eight but up to 12 hours in a day, or the first eight hours on the seventh consecutive day, compensation is 1.5 times the regular rate. Beyond 12 hours in a day or eight hours on the seventh consecutive day, employees receive double the regular rate.
Employees in administrative, professional, and executive roles must meet specific compensation and responsibility criteria, earning at least twice the state minimum hourly wage for a 40-hour week, to be classified as exempt.
For computer software employees, exemption from California's overtime requirements can be based on hourly or salary payment. Starting January 1, 2024, those paid hourly employees must earn a minimum of $55.58 per hour for all hours worked or have a monthly salary of $9,646.96 and an annual salary of $115,763.35.
Colorado: Due to the Colorado Overtime & Minimum Pay Standards Order, the minimum salary needed for eligibility in executive/supervisor, administrative, and professional exemptions under state law rose to $1,057.69 weekly starting Jan. 1, 2024. Individuals classified as highly technical computer employees can be compensated either by salary (a minimum of $1,057.69 weekly in 2024) or by the hour.
Delaware: State employees can accrue compensatory time off, known as "comp time," which allows employees to receive paid time off instead of overtime pay. This provision excludes collective bargaining employees with comp time negotiated in their agreements and certain educational sector employees.
Merit-based comp time is earned by exempt employees ineligible for FLSA overtime. This accrued time must be used within 180 calendar days or forfeited. Merit-based comp time can be earned for preapproved time exceeding 30 minutes, hours beyond 75-80 in a pay period, and essential employees working during severe weather conditions or emergencies..
Georgia: Public employees qualify for compensatory time, or "comp time," which allows for paid time off in place of overtime compensation. Each overtime hour worked equals 1.5 paid hours off. Non-governmental businesses are prohibited from offering comp time.
Hawaii: Compensatory time, or "comp time," which is the substitution of paid time off in place of overtime compensation, is granted at 1.5 times the overtime hours worked. This perk is limited to salaried employees.
Idaho: In lieu of overtime pay, compensatory time off, or "comp time," is an option where employees receive 1.5 hours of paid time off for each overtime hour worked. Any unused comp time at the end of a fiscal year is to be paid out in cash with the first paycheck of the subsequent fiscal year. In case of an employee departure, all remaining comp time shall be compensated.
Illinois: A compensatory time off, or “comp time,” policy, is available for governmental employees, granting them one hour of paid time off for every one hour of overtime worked.
Kansas: Employers can offer compensatory time off, or “comp time,” in place of overtime hours worked at a rate of time and a half. A mutual agreement must be agreed upon between the employer and employee before the work is performed.
Kentucky: In lieu of overtime pay, compensatory time off, or "comp time," is an option where employees receive 1.5 hours of paid time for each overtime hour worked. Any unused comp time at the end of a fiscal year is to be paid out in cash with the first paycheck of the subsequent fiscal year. In case of an employee departure, all remaining comp time will be compensated.
Maine: To be classified as exempt, administrative, professional, and executive employees must have a salary exceeding 3,000 times the state minimum wage divided by 52. Effective Jan. 1, 2024, the minimum weekly salary for these exemptions increased to $816.35 due to the state's minimum wage hike. Furthermore, employees are limited to working a maximum of 80 overtime hours in consecutive weeks.
Massachusetts: The Massachusetts Blue Laws regulate operating hours for specific businesses and mandate adherence to voluntariness of employment provisions on Sundays and certain legal holidays. Enforcement falls under the jurisdiction of the Attorney General's office. The DOL standards hold authority over statewide approval of local permits, permitting businesses to operate on Columbus Day, Veteran's Day, Thanksgiving, and Christmas when they would otherwise be restricted. Government employers have the option to provide compensatory time off, or “comp time,” instead of overtime pay — for employees who work overtime hours.
Michigan: Government employers can provide compensatory time off, or "comp time," under federal law, and private employers have the option to do the same under Michigan's overtime pay regulations. To establish a comp time system, the employer must secure a written agreement from the employee. In this arrangement, employees are not entitled to overtime pay; instead, they receive one and a half hours of paid time off for every hour worked beyond 40 in a workweek. To qualify for a compensatory time system, an employee must receive a minimum of 10 days of paid time off per year. When an employee departs from his or her job, whether voluntarily or involuntarily, he or she is entitled to receive all accrued comp time wages.
Minnesota: For a salaried employee with a schedule of fewer than 48 hours in a workweek, the regular rate of pay per hour will be applied for each additional hour worked between 40 and 48. Only beyond 48 hours will time and a half be considered.
Montana: State agencies have the option, but are not obligated, to provide compensatory time ("comp time"), a form of paid time off in lieu of overtime pay. Employee approval must be secured in advance, and a cash stipend may be issued upon the employee's departure. State agencies can set a maximum limit below federal standards, opt for cash payments for all or part of accrued comp time, adjust an employee's schedule, or mandate unpaid time off to prevent additional accrual eligibility.
Nevada: Starting July 1, 2024, individuals earning less than $18 per hour will receive overtime after eight hours in a 24-hour period or 40 hours in a workweek. Those earning $18 per hour or more will be eligible for overtime only when they exceed 40 hours in a workweek.
New Hampshire: Public or government employers can provide compensatory time, or “comp time,” offering paid time off instead of overtime pay to eligible employees. To qualify for comp time, public sector employees must be covered by a pre-negotiated collective bargaining agreement with their employers from the beginning of their employment. Employees have the right to request the use of their accrued comp time, provided it doesn't disrupt the employer's business operations. Employers should allow employees the flexibility to use their accumulated comp time without imposing time restrictions.
New Jersey: Government employers have the option to provide compensatory time, or “comp time,” as an alternative to overtime compensation. Employees can choose between receiving comp time or traditional overtime payment, both offered at a rate of time-and-a-half for each overtime hour worked.
New Mexico: Public employers can choose to offer compensatory time off, known as "comp time," as an alternative to overtime compensation. Comp time must be provided at a rate of one and a half times an employee’s regular rate of pay. This approach enables public employers to meet their overtime obligations while granting employees the flexibility to take paid time off in the future. The implementation of comp time should be outlined in a collective bargaining agreement, employment agreement, or memorandum of understanding, negotiated with individual employees, their representatives, or through a collective bargaining agent.
New York: Under New York Labor Law, employers are mandated to pay one and a half times the regular rate of pay for hours exceeding 40 in a workweek. Specific to residential (live-in or domestic) employees, overtime pay at 1.5 times the regular rate is required for hours worked beyond 44 in a workweek.
When an employee's pay rate varies, employers must calculate the average pay rate as the regular rate of pay. Additionally, certain employers must provide their staff with a minimum of 24 consecutive hours of rest in any calendar week. For exemption from New York's overtime requirements, executive and administrative employees need to meet minimum salary requirements of approximately 75 times the state minimum wage, or $1,124.20 per week as of Jan. 1, 2024, excluding New York City and Nassau, Suffolk, and Westchester Counties.
Ohio: Employees have the option to choose compensatory time, or "comp time," providing paid time off in place of overtime pay. Comp time off is accrued at the same rate as overtime pay. There is a maximum limit of 240 hours for comp time, and it must be utilized within 180 days of being earned. Employers are prohibited from coercing employees to take comp time, and in the event an individual is terminated before its use, employees are entitled to receive monetary compensation in lieu of unused comp time. Comp time may only be used by public employers.
Rhode Island: Employees working for state or local government entities have the option to opt for compensatory time off, or "comp time," in lieu of receiving overtime pay, offering employees paid time off in place of overtime pay. The provision of comp time is typically outlined in a collective bargaining agreement or other agreements with the employer, and it must be granted at a rate of one and a half times the regular rate for hours worked beyond 40 in a week. In case of termination, any accrued and unused comp time must be compensated at a rate not less than the employee’s average regular rate of pay over the final three years of his or her employment, the employee’s final regular rate of pay, or the average regular rate received by the employee – whichever is greater.
South Dakota: Overtime-eligible employees, excluding those in law enforcement or civil service, are entitled to a minimum of three hours of pay, regardless of the actual hours worked, if the employee has completed his or her regular shift and left the workplace and he or she is unexpectedly called back to work. Employees who are called in before their next scheduled shift and continue working throughout the shift are not eligible for inconvenience pay. Only the hours worked are used to calculate overtime. Up to three hours of inconvenience pay (hours not worked) are compensated at the regular pay rate and are not included in the overtime calculation. For example, if an employee has already worked 40 hours and is called back in for an additional hour, his or her timesheet would show 41 hours worked and two “inconvenience” hours paid at the regular rate.
Texas: Governmental agencies, or public employers, have the option to offer compensatory time ("comp time") to nonexempt employees instead of cash compensation. Comp time paid time off that is granted on a time-and-a-half basis with certain conditions. Once an employee accumulates 240 hours of comp time, any additional overtime must be compensated in cash. For public safety personnel, such as police officers or firefighters, there is a cap of 480 hours for comp time. Beyond this limit, employees must receive monetary compensation. Private-sector employers are prohibited from providing comp time.
Utah: Overtime-eligible employees are required to have a prior agreement to opt for compensatory time off, or “comp time.” Comp time is paid time off offered in place of overtime pay, and it is granted at the rate of time-and-a-half. Nonexempt employees can accrue up to 80 hours of comp time, with the possibility of reaching 240 hours for regular employees or 480 hours for correctional officers, emergency, or seasonal employees with prior approval from the division director. Once the maximum limit is reached, any additional overtime worked must be compensated by the employer for that specific period. In the event of a nonexempt employee's transfer, promotion, reclassification, reassignment, or transition to an exempt position, the employer is obligated to pay off the remaining comp time balance using the pay rate of the employee’s previous position.
Vermont: State employees can opt for compensatory time, or “comp time,” in lieu of cash compensation for overtime hours worked. Comp time is paid time off offered in place of overtime hours. To utilize comp time, employees must request it from their supervisor in advance. If the request is granted, management will make efforts to schedule the time off within a reasonable timeframe. It is recommended that employees use their comp time as they earn it. Upon a departure from the state position, any unused comp time will be paid out in a lump sum with the employee’s final paycheck with compensation based on the employee’s current base rate of pay.
Washington: Public employees have the option to receive compensatory time, or “comp time,” in lieu of regular overtime pay. Comp time involves granting employees paid time off in place of overtime pay. The comp time rate aligns with the overtime pay rate, which is 1.5 hours for every overtime hour worked. This arrangement must be either approved by the employer or specified in an employee’s collective bargaining agreement (CBA). Employers cannot compel employees to accept comp time instead of overtime pay. Additionally, the salary threshold determining which workers are exempt from overtime under state law increased to $1,302.40 per week, effective Jan. 1, 2024.
West Virginia: County and municipal government employees can opt for compensatory time off, or “comp time,” as an alternative to overtime compensation. In this arrangement, government employees accrue comp time at a rate of no less than time and a half for each hour of overtime worked. The provision of comp time is contingent upon a prior written agreement between the employer and the employee, and any modifications to this agreement require mutual consent with no impact on pre-earned comp time.
Wisconsin: Certain professions are exempt from overtime provisions, encompassing salaried executive, administrative, and professional employees earning more than $700 per month; agricultural workers; domestic service providers working in their employer’s home; and federal agency employees.
Wyoming: Overtime-eligible state employees in Wyoming can choose compensatory time, also known as “comp time,” over pay for overtime work. Comp time can be offered in place of overtime wages and is calculated by multiplying the actual hours worked beyond 40 hours per workweek by time and a half. It is a prerequisite to utilize compensatory time before taking any vacation leave. The agency head or designated representative should permit employees who earn compensatory time to use it within a reasonable period, avoiding significant disruption to agency operations. Agency directors have the discretion to either pay off or mandate the use of compensatory time balances, considering employee needs and agency staffing requirements. Unused comp time should be compensated under the following circumstances: balances as of Dec. 31 will be paid on the next regular pay period, when an employee accepts a position in another agency, when an employee transitions from non-exempt to exempt status within their agency, or upon separation. The compensation rate for unused comp time is calculated based on the employee’s regular pay rate.
While OnTheClock has made every effort to ensure the accuracy of the information within this article, we cannot guarantee its accuracy. Before moving forward with any business decision, we encourage you to consult with a qualified professional. We waive liability for the misuse or inaccuracy of any of the information contained herein.
