04-08-2025
Map Shows Overtime Rules in Each State
Based on facts, either observed and verified firsthand by the reporter, or reported and verified from knowledgeable sources.
Newsweek AI is in beta. Translations may contain inaccuracies—please refer to the original content.
Overtime pay laws require employers to pay eligible employees if they work more than their usual hours. Designed to prevent worker exploitation and ensure fair pay for extra labor, these laws apply to businesses of all sizes—and compliance isn't optional. But what are the rules in each U.S. state?
Why It Matters
Under the Fair Labor Standards Act (FSLA), workers in states that follow federal overtime laws are entitled to at least one and one-half times their regular rate of pay for all hours worked over 40 in a single working week.
Employees are only exempt from receiving overtime pay if they meet all three of the following criteria. First, they must earn at least $35,568 per year, which breaks down to a minimum of $684 per week. Second, the employee must be paid on a salary basis.
Finally, their job duties must fall into one of the exempt categories defined by federal law: typically executive, administrative, or professional roles. All three conditions must be satisfied for an employee to be legally classified as exempt from receiving overtime.
But not all states follow federal law, with many having their own rules around overtime, including who qualifies and how much you can get.
States Following Federal Overtime Law
The following states do not have their own state-specific overtime laws and simply default to federal FSLA requirements:
Alabama
Arizona
Arkansas
Connecticut
Delaware
D.C.
Georgia
Idaho
Illinois
Iowa
Louisiana
Mississippi
Missouri
Montana
Nebraska
New Hampshire
New Mexico
North Dakota
Oklahoma
Ohio
South Carolina
South Dakota
Tennessee
Utah
Wyoming
States With Specific Overtime Laws
These states primarily follow the federal FLSA, but have specific exceptions, industry-specific rules, or variations in coverage or enforcement:
Florida: Extra pay for manual laborers beyond 10 hours/day unless otherwise contracted.
Extra pay for manual laborers beyond 10 hours/day unless otherwise contracted. Hawaii: Daily overtime for public works construction projects.
Daily overtime for public works construction projects. Indiana: Has a state law that mirrors federal requirements.
Has a state law that mirrors federal requirements. Kansas: State law requires overtime after 46 hours per week if FLSA doesn't apply.
State law requires overtime after 46 hours per week if FLSA doesn't apply. Kentucky: Requires overtime on the seventh consecutive workday.
Requires overtime on the seventh consecutive workday. Maine: Higher exempt salary threshold than federal.
Higher exempt salary threshold than federal. Maryland: Some jobs use a non-standard overtime calculation period.
Some jobs use a non-standard overtime calculation period. Massachusetts: Premium pay on Sundays/holidays excluded from overtime calculation.
Premium pay on Sundays/holidays excluded from overtime calculation. Michigan: Law applies to employers with two or more employees.
Law applies to employers with two or more employees. Minnesota: Requires overtime after 48 hours a week unless FLSA applies.
Requires overtime after 48 hours a week unless FLSA applies. New Jersey: Has a state law that mirrors federal requirements.
Has a state law that mirrors federal requirements. New York: Extends overtime pay to some FLSA-exempt employees at 1.5× state minimum wage.
Extends overtime pay to some FLSA-exempt employees at 1.5× state minimum wage. North Carolina: State law mirrors FLSA but is separately codified.
State law mirrors FLSA but is separately codified. Oregon: Additional rules for manufacturing and public-sector employees.
Additional rules for manufacturing and public-sector employees. Pennsylvania: Has a state law that mirrors federal requirements.
Has a state law that mirrors federal requirements. Rhode Island: Distinct overtime rules for retail workers, firefighters, and delivery drivers.
Distinct overtime rules for retail workers, firefighters, and delivery drivers. Texas: Has its own statute mirroring FLSA.
Has its own statute mirroring FLSA. Vermont: Law applies broadly, but excludes some industries.
Law applies broadly, but excludes some industries. Virginia: Different definitions, calculations, and enforcement terms to FLSA.
Different definitions, calculations, and enforcement terms to FLSA. Washington: Special overtime rules for nurses and some public projects.
Special overtime rules for nurses and some public projects. West Virginia: Applies state overtime law when employers are not covered by federal law.
Applies state overtime law when employers are not covered by federal law. Wisconsin: Has a state law that mirrors federal requirements.
These states have broad, actively enforced overtime laws that are substantially different from federal rules, such as following the number of hours worked in a day, rather than across a working week:
Alaska : Under Alaska state law, nonexempt employees are entitled to overtime pay if they work more than 40 hours in a working week or more than eight hours in a single day. However, the law does not apply to all employers. Businesses that regularly employ fewer than four individuals are exempt from Alaska's overtime requirements. Certain categories of workers—such as agricultural employees—are also excluded under specific exemptions.
: Under Alaska state law, nonexempt employees are entitled to overtime pay if they work more than 40 hours in a working week or more than eight hours in a single day. However, the law does not apply to all employers. Businesses that regularly employ fewer than four individuals are exempt from Alaska's overtime requirements. Certain categories of workers—such as agricultural employees—are also excluded under specific exemptions. California : Requires employers to pay nonexempt employees overtime for any time worked beyond 40 hours in a working week, eight hours in a single workday, or six days in a working week. It also has a double-time law, which mandates that employees receive double their regular rate of pay for any hours worked over 12 in a single workday or over eight hours on the seventh consecutive day of work in a workweek.
: Requires employers to pay nonexempt employees overtime for any time worked beyond 40 hours in a working week, eight hours in a single workday, or six days in a working week. It also has a double-time law, which mandates that employees receive double their regular rate of pay for any hours worked over 12 in a single workday or over eight hours on the seventh consecutive day of work in a workweek. Colorado : Overtime law requires employers to pay nonexempt employees overtime for any time worked beyond 40 hours in a workweek, 12 hours in a single workday, or 12 consecutive hours of work, regardless of when the workday begins or ends.
: Overtime law requires employers to pay nonexempt employees overtime for any time worked beyond 40 hours in a workweek, 12 hours in a single workday, or 12 consecutive hours of work, regardless of when the workday begins or ends. Nevada: Requires employers to pay employees overtime for any hours worked over 40 in a workweek. If an employee earns less than one and one-half times the minimum wage per hour, they must be paid overtime for any hours worked beyond eight in a 24-hour period—unless they have agreed in advance to work four 10-hour shifts.
Upcoming Changes
The One Big Beautiful Bill Act will bring changes to tax policy surrounding overtime pay. Under the new law, passed in early July, employees can deduct up to $12,500 in qualified overtime pay from their taxable income. The new law will be in place for the 2025 tax filing season and expires in 2028.
