Federal and state overtime laws dictate how long certain employees can work before overtime pay is required. Under the Fair Labor Standards Act (FLSA), all U.S. employers must pay nonexempt employees overtime pay of at least 1.5 times the employee's regular rate for hours worked over 40 in a workweek. However, many states have their own overtime laws with greater requirements, like overtime for hours worked in a single day, where employees can still earn overtime pay with fewer than 40 hours in a week.
Key overtime terms
Exempt/nonexempt
A worker who is "exempt" does not receive overtime pay or minimum wage protection under the FLSA. Workers who do receive overtime pay and minimum wage protection under the FLSA are "nonexempt".
Workweek
A fixed, recurring period of 168 hours (7 x 24 hours)
Straight time
An employee's regular wage for all hours worked.
Overtime premium
The extra pay added to an employee's regular wage for overtime hours worked.
Overtime pay
Includes both the straight time and the added premium (time-and-a-half).
Seventh consecutive day
A daily overtime rule that applies on the seventh consecutive day worked, regardless of the total hours worked in the week. The seven consecutive days do not have to belong to the same workweek.
FLSA overtime for all U.S. Employers
- Over forty (40) hours in a workweek
- Hours cannot be averaged across two or more weeks
- Overtime premium pay must be at least .5 times the regular rate, for a total of 1.5 times the regular rate (time-and-a-half)
State overtime laws
The following states have overtime laws beyond the federal FLSA standard.
Alaska
Overtime pay of 1.5 times the regular rate after 8 hours in a workday, with some exceptions for employers with 3 or fewer employees.
California
Overtime pay of 1.5 times the regular rate is required after eight hours worked in a given workday. Double-time pay is required after 12 hours in a workday or eight hours worked on seven or more consecutive days.
Colorado
Overtime pay of 1.5 times the regular rate after 12 hours in a day, and double (2x) the regular rate after 12 hours on a seventh consecutive day.
Nevada
Employees who make less than $18 per hour (1.5x the state minimum wage of $12 per hour) are due overtime pay of 1.5 times the regular rate after 8 hours in a workday.
New York:
Farm workers must be paid 1.5 times their regular rate after 52 hours in a workweek.
Oregon
In certain industries, such as packing plants and canneries, workers must be paid 1.5 times their regular rate after 10 hours in a workday.