Overtime Rules by State Checker
Pick your state, plug in your hours, and see which overtime rules kick in: daily overtime, weekly thresholds, double time, and 7th-day rules.
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Key Exemptions
State-Specific Notes
Track Your Hours and Overtime
Hours44 applies your state's overtime rules to every shift and shows what you actually take home.
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.
| 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 | 1.5x | Yes (7th day >12) | 1.5x first 8, 2x after 12 |
| Oregon | 10 hours | 1.5x | No | No |
| Kentucky | N/A | N/A | No | 1.5x all hours |
| All Others | N/A | N/A | No | No |
7th consecutive day rules
Three 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. Kentucky pays 1.5x for all hours on the 7th consecutive day. Colorado works similarly to California, with 1.5x for the first 8 hours and 2x past 12. 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
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. Colorado has it too, but only after 12 hours on the 7th consecutive day. 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 all hours on the 7th day. Colorado pays 1.5x for the first 8 hours and 2x past 12 on the 7th day. Most states don't have a 7th-day rule at all.
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. If your state has daily overtime and federal law only has weekly, both apply and you get whichever calculation produces more overtime pay.
Need More Than a Quick Calculation?
Hours44 tracks your shifts, calculates overtime automatically, and shows your real take-home pay.