Overtime Rules by State Checker
Select your state to see daily overtime, weekly thresholds, double time, and 7th-day rules that apply to your work schedule.
Overtime Rules by State Checker
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How overtime pay works: federal vs. state rules
The Fair Labor Standards Act (FLSA) is the floor: non-exempt employees earn 1.5x their regular hourly rate for every hour past 40 in a workweek. States can pile on extra protections (daily overtime, double time, 7th-consecutive-day rules) but they can't go below the federal minimums. If both state and federal rules apply, employers have to follow whichever law gives the employee more.
Not sure whether you qualify? The FLSA Overtime Exemption Checker can tell you whether your pay, duties, and state put you in the exempt or non-exempt bucket.
States with daily overtime rules
Only five states have any form of daily overtime. California is the strictest, with a three-tier system: regular rate for hours 0-8, 1.5x for 8-12, and 2x past 12. Alaska and Nevada both kick in at 8 hours per day, though Nevada's rule only covers employees earning less than 1.5x the state minimum wage. Colorado's threshold is 12 hours. Oregon limits daily overtime to manufacturing workers, starting at 10 hours.
California pays each hour once, at the highest rate that applies. Hours already paid at 1.5x or 2x for the day, or as 7th-day overtime, don't count toward the 40-hour week: in Opinion Letter 2000.01.19 the Division of Labor Standards Enforcement (DLSE) said daily overtime hours "would not be counted for the purpose of any other overtime payment, such as weekly overtime hours." So weekly overtime only covers straight-time hours past 40, and the checker above counts it that way. Six 7-hour days earn 2 hours of weekly overtime; five 10-hour days earn 10 hours of daily overtime and no weekly overtime.
| State | Daily OT Threshold | OT Rate | Double Time? | 7th Day Rule |
|---|---|---|---|---|
| California | 8 hours | 1.5x | Yes (>12 hrs) | 1.5x first 8, 2x after |
| Alaska | 8 hours | 1.5x | No | No |
| Nevada | 8 hours | 1.5x | No | No |
| Colorado | 12 hours, or 12 consecutive hours | 1.5x | No | No |
| Oregon | 10 hours | 1.5x | No | No |
| Kentucky | N/A | N/A | No | 1.5x in a week over 40, counted toward weekly OT |
| All Others | N/A | N/A | No | No |
7th consecutive day rules
Two states have 7th-consecutive-day provisions. In California, every hour on the 7th day of a workweek is overtime: 1.5x for the first 8 hours, 2x after that. Under KRS 337.050, Kentucky pays 1.5x for hours on the 7th day only in a week over 40 hours, and those hours count toward weekly overtime instead of being paid twice: seven 8-hour days earn 16 overtime hours, not 24. Colorado has no 7th-day rule and no double time. Its COMPS Order #40 pays 1.5x after 40 hours in a workweek, 12 hours in a workday, or 12 consecutive hours, whichever pays more. One thing people get wrong: the "7th day" is counted within a single workweek, not necessarily Sunday.
Common overtime exemptions by state
To be exempt under the federal EAP (executive, administrative, professional) categories, you need to pass both a salary test ($684/week under federal law) and a duties test. A handful of states set the salary bar higher:
| State | Weekly Threshold | Annual Equivalent | vs. Federal |
|---|---|---|---|
| Federal (FLSA) | $684.00 | $35,568 | Baseline |
| Washington | $1,541.70 | $80,168 | +125% |
| California | $1,352.00 | $70,304 | +98% |
| New York (Metro) | $1,275.00 | $66,300 | +86% |
| Colorado | $1,111.23 | $57,784 | +62% |
| Alaska | $1,120.00 | $58,240 | +64% |
| Maine | $871.16 | $45,300 | +27% |
There are also industry-specific exemptions that differ by state. Agricultural workers, seasonal amusement employees, and some commissioned retail workers are often exempt. Try the checker above to see which exemption categories apply in your state.
Related tools
- Overtime Pay Calculator -- Figure out your actual overtime pay from your rate and hours
- Double Time Pay Calculator -- Get your double-time earnings for states that require it
- Timecard Calculator -- Punch in daily hours and get total weekly pay with overtime
- Weekly Overtime Tax Savings Calculator -- See how the 2026 overtime tax deduction hits your paycheck
- Shift Length Calculator -- Work out hours per shift, breaks included
Frequently Asked Questions
Common questions about overtime rules by state checker
Which states have daily overtime rules?
California, Alaska, and Nevada require overtime after 8 hours in a day. Colorado's threshold is higher, at 12 hours. Oregon has a narrow rule that only covers manufacturing employees after 10 hours. Every other state sticks to weekly-only overtime.
What is double time pay, and which states require it?
Double time means 2x your regular hourly rate. California triggers it after 12 hours in a day and after 8 hours on the 7th consecutive workday. No other state requires double time.
Does overtime apply if I work 7 days in a row?
Depends on the state. In California, every hour on the 7th consecutive day is overtime (1.5x for the first 8 hours, 2x after that). Kentucky pays 1.5x for hours on the 7th day in a week over 40 hours, and those hours count toward your weekly overtime instead of being paid on top of it. Colorado has no 7th-day rule, and neither do most other states.
Do all states require overtime after 40 hours per week?
Practically, yes. Kansas technically has a 46-hour state threshold and Minnesota has 48, but those only matter for employers not covered by the FLSA. Since most employers are FLSA-covered, 40 hours is the real cutoff in almost every case.
What is the FLSA salary threshold for overtime exemption in 2026?
The federal threshold is $684/week ($35,568/year). Some states set higher thresholds: Washington ($1,541.70/wk), California ($1,352/wk), New York ($1,275/wk in metro areas), Colorado ($1,111.23/wk), and Maine ($871.16/wk).
Can I earn overtime even if my total weekly hours are under 40?
Yes, in states with daily overtime rules. For example, in California, if you work 10 hours on Monday but only 30 hours total for the week, you still earn 2 hours of overtime (the hours over 8 on Monday).
Are all employees eligible for overtime?
No. Executive, administrative, and professional (EAP) employees who pass both salary and duties tests are exempt. So are outside salespeople, certain computer professionals, agricultural workers, and some seasonal employees. Each state has its own list of additional exemptions.
What happens when state and federal overtime laws conflict?
The employee wins. Employers have to follow whichever law is more generous, so if your state has daily overtime and federal law only has weekly, both apply. An hour that triggers both is still paid once, at the higher rate. In California, hours already paid as daily or 7th-day overtime don't count again toward the 40-hour week, so five 10-hour days earn 10 overtime hours, not 20.