According to the Fair Labor Standards Act (FLSA), nonexempt employees are entitled to one and a half times their regular hourly rate for any time worked over 40 hours in a workweek. A workweek is a fixed and recurring period of seven consecutive days. Your workweek may coincide with the calendar week (Sunday to Saturday), or it may begin on a day of your choice (like Tuesday to Monday).
Read also: Overtime 101
Typically, you're expected to pay your staff for any overtime worked on the regular payday for the pay period in which the wages were earned. Learn more about Federal overtime laws.
States and territories with specific overtime laws
| State |
Daily |
Weekly |
Notes |
| Alaska |
- 1.5 times the employee's regular rate for any time worked over 8 hours in a day.
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- 1.5 times the employee's regular rate for any time worked over 40 hours in a workweek.
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| California |
- 1.5 times the employee's regular rate for any time worked over 8 hours in a day.
- 2 times the employee's regular rate for any time worked over 12 hours in a day.
- 1.5 times the employee's regular rate for the first 8 hours of the seventh consecutive day in a workweek.
- 2 times the employee's regular rate for anything over 8 hours on the seventh consecutive day in a workweek.
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- 1.5 times the employee's regular rate for any time worked over 40 hours in a workweek.
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| Colorado |
- 1.5 times the employee's regular rate for any time worked over 12 consecutive hours in a day.
- 1.5 times the employee's regular rate for any time worked over 12 hours in a day.
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- 1.5 times the employee's regular rate for any time worked over 40 hours in a workweek.
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| Kansas |
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- 1.5 times the employee's regular rate for any time worked over 46 hours in a workweek.
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- If the employee is protected by FLSA, you must pay them according to Federal overtime laws.
- Learn more about Kansas overtime laws.
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| Kentucky |
- 1.5 times the employee's regular rate for any time worked on the seventh consecutive day in a workweek.
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- 1.5 times the employee's regular rate for any time worked over 40 hours in a workweek.
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| Minnesota |
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- 1.5 times the employee's regular rate for any time worked over 48 hours in a workweek.
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- If the employee is protected by FLSA, you must pay them according to Federal overtime laws.
- Learn more about Minnesota overtime laws.
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| Nevada |
- If the employee makes less than at least one and a half times minimum wage, you must pay them 1.5 times their regular rate for any time worked over 8 hours in a day.
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- 1.5 times the employee's regular rate for any time worked over 40 hours in a workweek.
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- If you offer a qualified health insurance plan, minimum wage is $7.25 per hour. If you do not offer insurance, minimum wage is $8.25 per hour.
- Learn more about Nevada's overtime laws.
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| Puerto Rico |
- 2 times the employee's regular rate for any time worked over 8 hours in a day.
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- 2 times the employee's regular rate for any time worked over 40 hours in a workweek.
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| Virgin Islands |
- 1.5 times the employee's regular rate for any time worked over 8 hours in a day.
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- 1.5 times the employee's regular rate for any time worked over 40 hours in a workweek.
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States that follow Federal overtime laws
- Alabama
- Arizona
- Arkansas
- Connecticut
- Delaware
- District of Columbia
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Mississippi
- Missouri
- Montana
- Nebraska
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
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