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.
A handful of states -- Alaska, California, Colorado, and Nevada -- have daily overtime pay laws, which are detailed below.
| State |
Law/Rule |
| Alabama |
40 Hours Per Week
|
| Alaska |
Eight hours per day and 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 nonexempt 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 (including holidays and Sundays)
|
| 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: Employees in administrative, professional, and executive roles must meet specific 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. As of Jan. 1, 2025, Alaska's minimum wage increased to $11.91 per hour, resulting in a new minimum salary threshold of $952.80 per week or $49,545.60 per year for exempt employees.
Additionally, due to the passage of Ballot Measure 1, the minimum wage will further increase to $13 per hour on July 1, 2025. Consequently, the minimum salary for exempt employees will rise to $1,040.00 per week or $54,080.00 per year.
California: Nonexempt employees in California are eligible for overtime pay if they work more than eight hours in a day, 40 hours in a week, or six consecutive days. Overtime rates are 1.5 times the regular rate of pay for hours worked in excess of eight but up to 12 hours in a single workday, the first eight hours on the seventh consecutive workday, or over 40 hours in a workweek; and double the regular rate of pay for hours worked beyond 12 hours in a single workday or beyond eight hours on the seventh consecutive workday.
Employees in administrative, professional, and executive roles must meet strict compensation and responsibility criteria to be classified as exempt. They must earn at least twice the state minimum hourly wage for a 40-hour workweek. As of Jan. 1, 2025, California's minimum wage for all employers is $16 per hour, setting the minimum salary for exempt employees at $66,560 annually.
For computer software employees to qualify for exemption from California's overtime requirements, they must meet specific criteria and compensation thresholds. Starting Jan. 1, 2025, hourly employees must earn at least $57.35 per hour, or their salary must be at least $9,937.20 per month and $119,246.40 per year.
Colorado: Under the Colorado Overtime & Minimum Pay Standards Order (COMPS Order), the minimum salary required for executive/supervisor, administrative, and professional exemptions under state law increased to $1,123.08 per week as of Jan. 1, 2025.
Highly technical computer employees can qualify for exemption if they are compensated either by salary (at least $1,123.08 per week) or by the hour (at least $31.25 per hour).
Delaware: State employees in Delaware can accrue compensatory time off, or "comp time," allowing them to receive paid time off (PTO) instead of overtime pay. This provision does not apply to collective bargaining employees whose comp time terms are negotiated in their agreements or to certain employees in the educational sector.
Merit-based comp time is available to exempt employees who are ineligible for overtime under the FLSA. Accrued comp time must be used within 180 calendar days or it will be forfeited.
Merit-based comp time can be earned for:
- Preapproved work exceeding 30 minutes outside of regular work hours.
- Hours worked beyond 75–80 hours in a pay period.
- Essential employees working during severe weather conditions or declared emergencies.
Georgia: Public employees in Georgia remain eligible for compensatory time, or "comp time," which provides PTO in lieu of overtime compensation. For each overtime hour worked, employees receive 1.5 hours of PTO.
Private-sector employers in Georgia are still prohibited from offering compensatory time in place of overtime pay, as outlined by the FLSA. Nongovernmental businesses must compensate nonexempt employees with overtime pay at 1.5 times the regular rate of pay for hours worked beyond 40 hours in a workweek.
Hawaii: Compensatory time, or "comp time," allows employees to substitute PTO in place of overtime compensation at a rate of 1.5 hours of PTO for every overtime hour worked. However, this option is limited to public sector salaried employees.
Private-sector employers in Hawaii are prohibited from offering compensatory time in lieu of overtime pay, in compliance with the FLSA. Nonexempt employees in the private sector must receive overtime pay at 1.5 times the regular rate of pay for hours worked beyond 40 hours in a workweek.
Idaho: In Idaho, comp time remains an option for public sector employees in place of overtime pay. Employees earn 1.5 hours of PTO for each overtime hour worked.
Any unused comp time at the end of the fiscal year must be paid out in cash with the first paycheck of the following fiscal year. If an employee leaves his or her position, all remaining accrued comp time must be compensated in cash at the regular pay rate. For private-sector employees, offering compensatory time in lieu of overtime pay is prohibited under the FLSA. Nonexempt employees in the private sector must be compensated at 1.5 times their regular rate of pay for all hours worked over 40 in a workweek.
Illinois: In Illinois, comp time is available for governmental employees as an alternative to overtime pay. Eligible employees accrue 1.5 hours of paid time off for every hour of overtime worked, in accordance with the FLSA guidelines for public sector employees.
For private-sector employees, comp time off is not permitted under the FLSA. Nonexempt employees in the private sector must be compensated with 1.5 times their regular pay rate for hours worked over 40 in a workweek.
Illinois employers should also ensure compliance with any relevant state-specific wage and hour regulations as of 2025.
Kansas: In Kansas, comp time can be offered by public-sector employers in place of overtime pay. Employees earn 1.5 hours of PTO for each hour of overtime worked. A mutual agreement between the employer and employee must be in place before the work is performed in order for comp time to be granted.
For private-sector employees, comp time off in lieu of overtime pay is prohibited under the FLSA. Nonexempt employees must be paid 1.5 times their regular hourly rate for overtime worked, defined as hours worked beyond 40 hours in a workweek.
Kentucky: Comp time is an option for public-sector employees in place of overtime pay. Employees earn 1.5 hours of paid time off for each hour of overtime worked.
Any unused comp time at the end of the fiscal year must be paid out in cash with the first paycheck of the following fiscal year. If an employee leaves his or her position, all remaining accrued comp time must be compensated in cash at the regular rate of pay.
For private-sector employees, offering comp time in lieu of overtime pay is prohibited under the FLSA. Nonexempt employees in the private sector must receive overtime pay at 1.5 times their regular rate of pay for hours worked beyond 40 in a workweek.
Maine: As of Jan. 1, 2025, Maine's minimum wage increased from $14.15 to $14.65 per hour. Consequently, the minimum weekly salary required for administrative, professional, and executive employees to be classified as exempt under Maine law is $845.21 per week.
Massachusetts: The Massachusetts Blue Laws continue to regulate the operating hours of certain businesses and mandate that employment on Sundays and legal holidays must be voluntary for employees. Enforcement of these laws falls under the jurisdiction of the Attorney General's office.
Under the Massachusetts Blue Laws, local businesses can apply for statewide permits to operate on holidays, such as Columbus Day, Veterans Day, Thanksgiving, and Christmas, when they would typically be restricted by state law. These permits are approved by the Department of Labor (DOL).
Regarding comp time, government employers in Massachusetts still have the option to provide comp time in place of overtime pay for employees who work overtime hours. Public sector employees earn 1.5 hours of PTO for each hour of overtime worked. However, private sector employers must comply with the FLSA and compensate nonexempt employees with 1.5 times their regular hourly rate for overtime worked, defined as hours exceeding 40 in a workweek.
Michigan: Under Michigan's overtime pay regulations, government employers can continue to provide comp time in place of overtime pay, as allowed under federal law. Private employers in Michigan also have the option to offer comp time to eligible employees, but certain conditions must be met.
To establish a comp time system, the employer must obtain a written agreement from the employee before the overtime work is performed. In this arrangement, employees do not receive overtime pay but instead earn 1.5 hours of paid time off for every hour worked beyond 40 hours in a workweek.
To qualify for comp time, an employee must receive at least 10 days of paid time off per year. Upon an employee's departure from the job — whether voluntary or involuntary — all accrued comp time must be compensated in wages at the employee's regular rate of pay. For private-sector employees, compensatory time is still subject to the FLSA, and nonexempt employees must be paid 1.5 times their regular hourly rate for overtime worked.
Minnesota: As of Jan. 1, 2025, Minnesota's overtime laws stipulate that employers must pay employees 1.5 times their regular rate of pay for all hours worked over 48 hours in a seven-day workweek, unless the employee is exempt under Minnesota Statutes 177.23, subdivision 7.
Regarding salaried employees with a schedule of fewer than 48 hours in a workweek, the regular rate of pay per hour is applied for each additional hour worked between 40 and 48 hours. Only hours worked beyond 48 hours are compensated at the overtime rate of 1.5 times the regular rate.
Montana: Regarding comp time, state agencies in Montana have the option to provide this benefit in lieu of overtime pay. To establish a comp time system, the employer must obtain a written agreement from the employee before the overtime work is performed. In this arrangement, employees do not receive overtime pay but instead earn 1.5 hours of paid time off for every hour worked beyond 40 hours in a workweek.
State agencies can set a maximum limit for accrued comp time, which may be below federal standards, and have the discretion to opt for cash payments for all or part of accrued comp time.
Employers can adjust an employee's schedule or mandate unpaid time off to prevent additional accrual eligibility. Upon an employee's departure from the job — whether voluntary or involuntary — all accrued comp time must be compensated in wages at the employee's regular rate of pay.
Nevada: As of Jan. 1, 2025, Nevada's overtime laws stipulate that employees earning less than $18 per hour are eligible for overtime pay at 1.5 times their regular rate for over eight hours in a 24-hour period, or over 40 hours in a workweek. Employees earning $18 per hour or more are eligible for overtime pay at 1.5 times their regular rate only for hours exceeding 40 in a workweek.
Additionally, Nevada's minimum wage increased to $10.25 per hour on July 1, 2024, and is scheduled to rise to $10.50 per hour on July 1, 2025.
New Hampshire: Public employers in New Hampshire can offer comp time as an alternative to overtime pay. To qualify, employees must be covered by a pre-negotiated collective bargaining agreement from the start 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: Public employers in New Hampshire can offer comp time as an alternative to overtime pay. To qualify, employees must be covered by a pre-negotiated collective bargaining agreement from the start 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 Mexico: Public employers in New Mexico can offer comp time as an alternative to overtime pay. To qualify, employees must be covered by a pre-negotiated collective bargaining agreement from the start 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 York: For 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. Certain employers must provide their staff with a minimum of 24 consecutive hours of rest in any calendar week.
Executive and administrative employees may be exempt from New York's overtime requirements if they meet specific criteria, including minimum salary requirements. As of Jan. 1, 2025, the minimum salary threshold for these exemptions is approximately 75 times the state minimum wage, or $1,237.50 per week ($64,350 annually) in New York City, Long Island, and Westchester County. In the remainder of New York State, the threshold is $1,161.65 per week ($60,405.80 annually). Additionally, the state minimum wage increased by $0.50 per hour starting Jan. 1, 2025, affecting the salary thresholds for exempt employees.
Ohio: Public employers may offer comp time as an alternative to overtime pay. Comp time is accrued at the same rate as overtime pay, with a maximum limit of 240 hours. Unused comp time must be utilized within 180 days of being earned. Employers are prohibited from coercing employees to take comp time. If an employee is terminated before using accrued comp time, they are entitled to monetary compensation for unused hours. Comp time is exclusively available to public employers.
Rhode Island: Employees working for state or local government entities have the option to opt for comp time in lieu of receiving overtime pay. Comp time is accrued at a rate of one and a half times the regular rate of pay for hours worked beyond 40 in a workweek. The provision of comp time is typically outlined in a collective bargaining agreement or other agreements with the employer. 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 employment, the employee’s final regular rate of pay, or the average regular rate received by the employee — whichever is greater.
Public sector employers must ensure that the comp time is used within a reasonable period, and the provision is subject to any applicable restrictions and requirements under Rhode Island state law. The maximum limit for comp time accrual and timeframes for usage remains consistent with previous regulations unless otherwise updated by future legislation.
South Dakota: Employees who are called back to work after completing their regular shifts and leaving their workplaces are entitled to a minimum of three hours of pay, regardless of the actual hours worked. 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, their time sheet 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 is granted on a time-and-a-half basis for overtime hours worked, subject to 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, the cap for comp time is 480 hours. Beyond this limit, employees must receive monetary compensation. Private-sector employers are prohibited from offering comp time.
Utah: While Utah follows federal overtime laws, it does not have specific state provisions regarding comp time. Employers may offer comp time in lieu of overtime pay, but this practice is not mandated by state law. Certain employees may be exempt from overtime pay under the FLSA, including those in executive, administrative, or professional roles who meet specific job duties and salary thresholds.
Vermont: State employees in Vermont have the option to choose comp time instead of receiving cash compensation for overtime hours worked. Comp time is provided as PTO, granted at a rate of one and a half times the overtime hours worked. Employees must request comp time from their supervisors in advance, and if approved, management will attempt to schedule the time off within a reasonable timeframe. Employees are encouraged to use their accrued comp time as it is earned. If an employee departs from the state position, any unused comp time will be paid out in a lump sum with the employee’s final paycheck. The payout will be based on the employee’s current base rate of pay at the time of departure.
Washington: Public employees may opt for comp time instead of cash compensation for overtime hours worked. Comp time is granted at a rate of 1.5 hours for every overtime hour worked. This arrangement must be 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.
To be exempt from overtime, employees must meet both a salary basis test and a salary level test. Effective Jan. 1, 2025, the minimum salary threshold for exempt employees is $1,499.40 per week for employers with 51 or more employees and $1,332.80 per week for employers with one to 50 employees. These thresholds are set at 2.25 times the state minimum wage, which is $16.66 per hour as of Jan. 1, 2025.
For computer professionals, the minimum hourly wage is set at 3.5 times the state minimum wage, which equates to $58.31 per hour in 2025.
Starting Jan. 1, 2025, hospitals in Washington are prohibited from mandating overtime for certain health care workers, including nurses and surgical technicians.
West Virginia: County and municipal government employees may opt for comp time instead of cash compensation for overtime hours worked. Comp time is granted at a rate of 1.5 hours for every overtime hour worked. This arrangement requires 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.
To qualify for exemption from overtime, employees generally must meet certain tests regarding their job duties and be paid on a salary basis at not less than $455 per week. Job titles alone do not determine exempt status; the specific job duties and salary must meet all the requirements of the Department of Labor's regulations.
On Jan. 15, 2025, the U.S. Supreme Court ruled that employers need only prove by a preponderance of the evidence that workers qualify for exemptions under the FLSA, rather than a higher standard of "clear and convincing evidence." This decision may simplify defense strategies for businesses facing wage-related lawsuits.
Wisconsin: Certain professions are exempt from overtime provisions, including salaried executive, administrative, and professional employees earning more than $1,040 per week (or $4,480 per month) as of Jan. 1, 2025. Other exempt categories include agricultural workers, domestic service providers working in their employer’s home, and federal agency employees. Additionally, certain workers employed in motor carrier, transportation, and railroad industries may also be subject to different standards under federal law.
Wyoming: Overtime-eligible state employees in Wyoming can choose comp time in lieu of overtime pay. Comp time is calculated by multiplying the actual hours worked beyond 40 hours per workweek by time and a half. Employees are required to use comp time before taking any vacation leave. Agency heads or their designated representatives are responsible for permitting employees to use earned comp time within a reasonable timeframe, ensuring minimal disruption to agency operations.
Agency directors retain discretion in managing comp time, including the option to either pay off or mandate the use of comp time balances, depending on operational needs and employee requests. Unused comp time must be compensated under the following circumstances: Balances as of Dec. 31 will be paid out in the next regular pay period; when an employee transitions to another agency; when an employee shifts from nonexempt to exempt status within the same agency; or upon separation from employment. 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.
