Overtime Payroll Requirements You Need to Know for Your State

Overtime by State

Are you more of a visual learner? Check out this Overtime Infographic, complete with A Map of Overtime Requirements by State.

Most employers and employees are familiar with the word "overtime" — but when it comes to payroll there are specific regulations that apply. As with minimum wage, it's the employer’s responsibility to calculate and provide overtime when it's due to employees. It also affects the payroll taxes that are calculated each time you run payroll. 

What is overtime?

Overtime is the additional rate of pay that applies when an employee works more than 40 hours in a given workweek.  

The national standard for the United States is determined by the Fair Labor Standards Act (FLSA). As such, federal law defines overtime as any hours that are worked after the employee has already worked 40 hours in the specific workweek. 

The rate of pay specified by the FLSA is time and a half, which is one and half times the employee's regular rate of pay. 

Which states have their own overtime laws?

Most states follow the FLSA guidelines, with the following exceptions:

  • Alaska, California and Nevada require overtime for any hours worked over 8 hours in a day. 
  • In Colorado, overtime applies for any hours worked over 12 hours in a day. 
  • In Kentuck, workers who work seven consecutive days in the same workweek, must be paid overtime on the 7th day. 
  • In California, workers are eligible for double overtime after working 12 hours in a day. 

Many states also have specific guidelines that apply to various industries and workers. In cases were both federal and state laws apply, employers should follow the requirements that benefit the employees the most.  

What are the state overtime rules?

We've created a comprehensive table of overtime pay requirements and rules by state, and we've alphabetized it so you can easily find your state below. (The name of each state is also linked to the state's department of labor for further information.)

State

Overtime Requirements

Additional Rules and Exceptions

 Alabama

Federal overtime rules apply.

 

 Alaska

Daily overtime after 8 hours in a day. Weekly overtime after 40 hours in a week. 

Exemptions apply for employers in the manufacturing and commerce industries. 

 Arizona

Federal overtime rules apply.

 

 Arkansas

Federal overtime rules apply.

Exemptions apply depending on the number of employees.

 California

Daily overtime after 8 hours in a day. Weekly overtime after 40 hours in a week. 

Double overtime is required after 12 hours in a workday and for more than 8 hours on the 7th day of a workweek. 

 Colorado

Daily overtime after 12 hours in a day. Weekly overtime after 40 hours in a week. 

 

 Connecticut

Federal overtime rules apply.

Exemptions apply depending on the industry.

 Delaware

Federal overtime rules apply.

 

 D.C.

Federal overtime rules apply.

Exemptions may apply.

 Florida

Federal overtime rules apply.

 

 Georgia

Federal overtime rules apply.

 

 Hawaii

Federal overtime rules apply.

Exemptions may apply.

 Idaho

Federal overtime rules apply.

Exemptions may apply.

 Illinois

Federal overtime rules apply.

Employers with 4 or more employees must follow the overtime laws. 

 Indiana

Federal overtime rules apply.

Exemptions may apply.

 Iowa

Federal overtime rules apply.

 

 Kansas

Overtime pay is required after 46 hours of work in a workweek. 

Employees and employers who are covered by the FLSA are not covered by this law.

 Kentucky

Federal overtime rules apply.

 

 Louisiana

Federal overtime rules apply.

 

 Maine

Federal overtime rules apply.

Exemptions may apply.

 Maryland

Federal overtime rules apply.

Bowling alley employees and non-hospital employees who care for the sick, mentally disabled or elderly get overtime after 48 hours. Seasonal agricultural workers receive overtime after working over 60 hours in a week.

 Massachusetts

Federal overtime rules apply.

Blue laws require time and half for certain retail and nonretail businesses on Sundays.

 Michigan

Federal overtime rules apply.

Employers with 2 or more employees must follow the overtime laws. 

 Minnesota

Overtime pay is required for hours worked over 48 in a week.

Employees and employers who are covered by the FLSA are not covered by this law.

 Mississippi

Federal overtime rules apply.

 

 Missouri

Federal overtime rules apply.

Employees working for seasonal recreation businesses can get overtime after 52 hours.

 Montana

Federal overtime rules apply.

Employees working for seasonal recreation businesses can get overtime after 48 hours. 

 Nebraska

Federal overtime rules apply.

Employers with 4 or more employees must follow the overtime laws. 

 Nevada

Daily overtime after 8 hours in a day. Weekly overtime after 40 hours in a week. 

Exemptions may apply.

 New Hampshire

Federal overtime rules apply.

 

 New Jersey

Overtime pay is required for hours worked over 40 in a week.

Exemptions may apply.

 New Mexico

Overtime pay is required for hours worked over 40 in a week.

Exemptions may apply.

 New York

Federal overtime rules apply.

Residential employees can earn overtime after 44 hours of work.

 North Carolina

Federal overtime rules apply.

Employees working for seasonal recreation businesses can earn overtime after 45 hours.

 North Dakota

Federal overtime rules apply.

 

 Ohio

Federal overtime rules apply.

Overtime applies to employers who gross at least $150,000 per year.

 Oklahoma

Federal overtime rules apply.

Exemptions may apply.

 Oregon

Federal overtime rules apply.

Exemptions may apply.

 Pennsylvania

Federal overtime rules apply.

 

 Rhode Island

Federal overtime rules apply.

Certain businesses must pay overtime on Sundays and during specified holidays.

 South Carolina

Federal overtime rules apply.

 

 South Dakota

Federal overtime rules apply.

 

 Tennessee

Federal overtime rules apply.

 

 Texas

Federal overtime rules apply.

 

 Utah

Federal overtime rules apply.

 

 Vermont

Federal overtime rules apply.

Employers with 2 or more employees must follow the overtime laws. 

 Virginia

Federal overtime rules apply.

Employers with 4 or more employees must follow the overtime laws. 

 Washington

Federal overtime rules apply.

 

 West Virginia

Federal overtime rules apply.

Employers with 6 or more employees must follow the overtime laws. 

 Wisconsin

Overtime pay is required for hours worked over 40 in a week.

Exemptions may apply depending on industry classification. 

 Wyoming

Federal overtime rules apply.

 

The information contained in the chart above was sourced and fact-checked on a number of websites, including state-specific government sites. Payroll rules change and include many exceptions and special circumstances when it comes to overtime requirements. Readers should consult with legal and human resource professionals or other regulatory governing bodies as required in their particular circumstances.

About the Author

Erika Yohn

Erika is a savvy Millenial on Wagepoint's marketing team. Now a retired soccer player, she spends a lot of time browsing Twitter to stay updated on the current trends - especially when it comes to memes. With a hand in all things marketing, she likes to keep things fun and useful for Wagepoint's customers.

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