Overtime Laws by State 2026: Overtime Rules by State, All 50 States
Complete guide to overtime laws by state 2026. Most states follow the federal FLSA 40-hour weekly overtime threshold: but California, Alaska, Colorado, and Nevada impose additional daily overtime rules that trigger even when weekly hours stay under 40. This guide covers every state's weekly threshold, daily overtime rules, exempt salary thresholds, double-time requirements, and how state and federal law interact.
FLSA Overtime 2026: Federal Overtime Law Baseline
The Fair Labor Standards Act (FLSA) is the federal overtime law that applies in all 50 states. It sets the minimum standard. States can exceed it: and several do: but cannot go below it.
FLSA Overtime Rules 2026: Federal Baseline All States
Source: DOL FLSA Overtime · 2024 DOL rule raising threshold to $1,128/week was vacated by federal court November 2024 · Federal threshold remains $684/week until further rulemaking
Daily Overtime by State: States Stricter Than Federal FLSA 2026
Seven states and DC have overtime rules that go beyond federal FLSA: either through daily overtime thresholds, higher exempt salary levels, or both. When state law provides greater benefits, the employer must follow the state law.
California Overtime Law 2026: Strictest in the US
California overtime rules 2026: daily + weekly + double-time
Alaska: Daily Overtime After 8 Hours
Alaska overtime rules 2026
Colorado: Daily Overtime After 12 Hours (COMPS Order)
Colorado overtime rules 2026: COMPS Order
Nevada: Conditional Daily Overtime
Nevada overtime rules 2026
Overtime Exempt Salary by State 2026: All State Thresholds
To be classified as exempt from overtime, employees must pass three tests: salary basis, salary level, and duties. The salary level threshold varies by state. States with higher thresholds than federal FLSA mean more employees qualify for overtime in those states.
| State | Weekly threshold | Annual equivalent | vs Federal $684/wk | Notes |
|---|---|---|---|---|
| Washington exempt threshold | $1,541.70 | $80,168 | +125% above federal | 2.25x state minimum wage: rises to 2.5x by 2028 |
| California | $1,352.00 | $70,304 | +98% above federal | 2x state minimum wage: all employer sizes |
| New York: NYC, LI, Westchester | $1,275.00 | $66,300 | +86% above federal | Higher tier for NYC, Nassau, Suffolk, Westchester |
| New York: rest of state | $1,124.20 | $58,458 | +64% above federal | Lower tier for upstate New York |
| Maine | $816.35 | $42,450 | +19% above federal | Separate state threshold above FLSA |
| Alaska | TBD July 2026 | TBD | Higher than federal | Published July 1, 2026: tied to state minimum wage |
| All other states (43) | $684.00 | $35,568 | Federal baseline | Follow federal FLSA threshold: unchanged since 2019 |
Sources: DOL FLSA, WA L&I 2026, California Labor Code §515, New York Labor Law, Maine DOL. The 2024 federal rule raising threshold to $1,128/week was vacated November 2024: federal floor remains $684/week. Employees must meet salary AND duties test to be exempt.
Overtime Laws All 50 States 2026: Complete Reference Table
| State | Weekly OT threshold | Daily OT rule | Double-time | Exempt salary/week |
|---|---|---|---|---|
| Alabama | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Alaska | 40 hrs/week or 8 hrs/day | 1.5x after 8 hrs/day | None required | TBD July 2026 |
| Arizona | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Arkansas | 40 hrs (FLSA) | None | None required | $684 (federal) |
| California | 40 hrs/week or 8 hrs/day | 1.5x after 8 hrs; 2x after 12 hrs | Yes: 2x after 12 hrs/day | $1,352/week |
| Colorado | 40 hrs/week or 12 hrs/day | 1.5x after 12 hrs/day | None required | $684 (federal) |
| Connecticut | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Delaware | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Florida | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Georgia | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Hawaii | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Idaho | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Illinois | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Indiana | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Iowa | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Kansas | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Kentucky | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Louisiana | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Maine | 40 hrs (FLSA) | None | None required | $816.35/week |
| Maryland | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Massachusetts | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Michigan | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Minnesota | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Mississippi | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Missouri | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Montana | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Nebraska | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Nevada | 40 hrs/week or 8 hrs/day* | 1.5x after 8 hrs/day if earning <$18/hr | None required | $684 (federal) |
| New Hampshire | 40 hrs (FLSA) | None | None required | $684 (federal) |
| New Jersey | 40 hrs (FLSA) | None | None required | $684 (federal) |
| New York: NYC/LI/Westchester | 40 hrs (FLSA) | None | None required | $1,275/week |
| New York: rest of state | 40 hrs (FLSA) | None | None required | $1,124.20/week |
| North Carolina | 40 hrs (FLSA) | None | None required | $684 (federal) |
| North Dakota | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Ohio | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Oklahoma | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Oregon | 40 hrs (FLSA) | Manufacturing: 1.5x after 10 hrs/day | None required | $684 (federal) |
| Pennsylvania | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Rhode Island | 40 hrs (FLSA) | None | None required | $684 (federal) |
| South Carolina | 40 hrs (FLSA) | None | None required | $684 (federal) |
| South Dakota | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Tennessee | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Texas | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Utah | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Vermont | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Virginia | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Washington | 40 hrs (FLSA) | None | None required | $1,541.70/week |
| West Virginia | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Wisconsin | 40 hrs (FLSA) | None | None required | $684 (federal) |
| Wyoming | 40 hrs (FLSA) | None | None required | $684 (federal) |
| District of Columbia | 40 hrs (FLSA) | None | None required | $684 (federal) |
Sources: DOL FLSA, state DOL websites, WA L&I, CA Labor Code, NY DOL, CO COMPS Order. *Nevada daily OT applies only to employees earning less than 1.5x the state minimum wage ($18.00/hour in 2026). Oregon daily OT applies to manufacturing workers only. Always verify with your state DOL for the most current rules.
The Three Tests for Overtime Exemption: All Must Be Met
Meeting the salary threshold alone is not enough to exempt an employee from overtime. All three tests must be satisfied. Failing any one test means the employee must receive overtime pay regardless of job title or salary level.
| Test | Requirement | Common failure point |
|---|---|---|
| 1. Salary Basis Test | Employee must be paid a fixed predetermined salary not reduced by variations in work quality or quantity | Docking pay for partial-day absences, sending employees home without pay |
| 2. Salary Level Test | Salary must meet or exceed the applicable threshold: $684/week federal, or higher state threshold where applicable | Salary falls below state threshold (CA, WA, NY, ME): employee classified exempt when they should not be |
| 3. Duties Test | Primary duties must fit executive (manages 2+ employees, authority over hiring), administrative (office work directly related to management), or professional (advanced knowledge, degree required) | Classifying employees as exempt based on job title alone: a titled "Manager" who performs manual work fails the duties test |
Common Overtime Law Mistakes
Thinking salaried always means exempt
Salary status does not automatically mean exempt from overtime. A salaried employee earning $600/week in California fails the salary level test ($1,352/week required) and must receive overtime. A salaried employee at $50,000/year whose primary duties are manual or routine fails the duties test and must receive overtime.
Applying only weekly hours in California, Alaska, Colorado, or Nevada
An employee in California working four 10-hour days (40 hours total) earns 8 hours of overtime: the daily 2 hours over 8 on each of the four days. Even though the weekly total is exactly 40 hours, California daily overtime applies. Most payroll software must be specifically configured for daily overtime states.
Using the wrong regular rate for overtime calculation
The overtime base rate must include all remuneration divided by hours worked: including non-discretionary bonuses, shift differentials, and commissions. Calculating overtime solely on the base hourly rate while excluding a production bonus understates the overtime owed and violates FLSA.
Not updating exempt classifications after state threshold increases
Washington's exempt threshold increased to $1,541.70/week for 2026. An employee previously exempt at $1,400/week is now non-exempt in Washington and must receive overtime. Employers in CA, WA, NY, and ME must review exempt classifications every January when thresholds change.
Overtime Laws by State: Frequently Asked Questions
Which states have daily overtime laws in 2026?
Four states require daily overtime in 2026: California (1.5x after 8 hrs/day, 2x after 12 hrs/day), Alaska (1.5x after 8 hrs/day), Colorado (1.5x after 12 hrs/day under the COMPS Order), and Nevada (1.5x after 8 hrs/day for employees earning under $18/hour). Oregon requires daily overtime for manufacturing workers after 10 hours. All other 45 states follow the federal FLSA weekly-only threshold of 40 hours. Use the overtime pay calculator to calculate your exact overtime pay under any state's rules.
What is the federal overtime law in 2026?
The FLSA requires 1.5x overtime pay for non-exempt employees working over 40 hours in a workweek. The federal exempt salary threshold remains $684/week ($35,568/year) in 2026: unchanged since 2019. The 2024 DOL rule that would have raised this to $1,128/week was vacated by a federal court in November 2024. When state law provides greater benefits than FLSA, employers must follow the state law. See our overtime pay calculator for exact calculations.
What is California's overtime law in 2026?
California has the strictest overtime law in the US. Workers earn 1.5x for hours over 8 in a day, hours over 40 in a week, and the first 8 hours on the 7th consecutive workday. Workers earn 2x (double-time) for hours over 12 in a day and hours over 8 on the 7th consecutive workday. The California exempt salary threshold is $1,352/week ($70,304/year) in 2026: nearly double the federal $684/week. A California employee working four 10-hour days earns overtime on 2 hours each day even though the weekly total is only 40 hours.
Do salaried employees get overtime: salaried employee overtime rules?
Yes: salaried employees get overtime unless they meet all three exemption tests: salary basis, salary level, and duties. Being salaried alone does not create an exemption. A salaried employee earning $600/week in California is not exempt: the $1,352/week threshold is not met. A salaried employee at $800/week whose primary duties are routine or manual fails the duties test regardless of salary. Always evaluate all three tests. When in doubt, the employee should be classified as non-exempt and paid overtime. Misclassification is the most common FLSA violation.
What is double time law and which states require it?
Double time is 2x the regular rate of pay. California is the only US state that legally requires double-time pay: for hours over 12 in a single workday and for hours over 8 on the 7th consecutive workday. No other state mandates double-time by law. Federal FLSA does not require double-time under any circumstances. Employers in any state may voluntarily pay double-time by contract or company policy, but only California workers have a legal right to it.
What is the overtime exempt salary threshold in California and Washington 2026?
California's exempt salary threshold is $1,352/week ($70,304/year) in 2026: equal to twice the California minimum wage. Washington's exempt threshold is $1,541.70/week ($80,168/year): the highest in the nation at 2.25x the Washington state minimum wage. Both thresholds are significantly above the federal FLSA floor of $684/week ($35,568/year). Employees in these states earning below the state threshold must receive overtime pay regardless of job title or duties. Washington's threshold will continue rising: reaching 2.5x minimum wage by 2028.
How is overtime calculated?
Overtime pay = regular hourly rate × 1.5 × overtime hours. The regular rate must include all remuneration: base pay, non-discretionary bonuses, commissions, and shift differentials: divided by total hours worked. Example: $20/hour, 45 hours worked. Regular pay: 40 × $20 = $800. Overtime: 5 × $30 = $150. Total: $950. For salaried non-exempt workers, divide weekly salary by 40 to get the hourly rate, then apply 1.5x. Use the overtime pay calculator for instant results including California's daily overtime and double-time rules.
What happens when state and federal overtime laws conflict?
When state and federal overtime laws conflict, the employer must follow whichever law provides the greater benefit to the employee: this is the FLSA's stated principle. Example: a California employee works 9 hours in one day but only 35 hours total in the week. Federal FLSA: no overtime required (under 40 hours). California law: 1 hour of overtime required (over 8 hours in the day). California provides the greater benefit so the employer must pay California overtime. This principle applies to all conflicts: daily vs weekly thresholds, salary thresholds, and double-time requirements.