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Your Rights Overtime - State Laws

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Note: This chart covers private sector employment only. Some states have laws that apply only to public employers, or have different rules for public and private employers. If you are a public (governmental) employee, consult a local attorney or your union to learn more about the rules and laws that apply to you.

The overtime rules summarized are not applicable to all employers or all employees. Occupations that generally are not subject to overtime laws include health care and attendant care, emergency medical personnel, seasonal workers, agricultural labor, camp counselors, nonprofits exempt under FLSA, salespeople working on a commission, transit drivers, baby sitters, and other household workers, and many others. For more information, contact your state's department of labor and be sure to check its website, where most states have posted their overtime rules.

NOTE: On May 18, 2016, President Obama and Labor Secretary Perez announced the publication of the Department of Labor’s final rule updating the overtime regulations. This rule contains significant changes, that when implemented, will extend overtime pay protections to over 4 million workers within the first year. These changes will go into effect on December 1, 2016. Workplace Fairness is diligently working to update our website to reflect these changes; however, the information below reflects current law regarding overtime and is still applicable until the rule's effective date.

Select your state from the map below or from this list.

united states map Washington Oregon Idaho Montana North Dakota Nevada Utah Arizona California New Mexico Colorado Wyoming South Dakota Nebraska Kansas Texas Oklahoma Louisiana Mississippi Arkansas Alabama Tennessee Missouri Iowa Minnesota Wisconsin Michigan Illinois Indiana Florida Georgia South Carolina North Carolina Virginia Kentucky Ohio West Virginia Pennsylvania New York Vermont Massachusetts Rhode Island Connecticut New Jersey Delaware Maryland Maine New Hampshire District of Columbia Alaska Hawaii
 

Alabama

No overtime provisions.

Alaska

Alaska Stat. §§ 23.10.050 – 23.10.150

Time and a half after x hours per DAY: 8

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employers of 4 or more employees; commerce or manufacturing businesses.

Notes: Voluntary flexible work hour plan of 10-hour day, 40-hour week, with premium pay after 10 hours is permitted.

Arizona

No overtime limits for private sector employers.

Arkansas

Ark. Code Ann. §§ 11-4-211, 11-4-203

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employers of 4 or more employees.

Employment excluded from overtime laws: Employment that is subject to the FLSA.

Notes: Employees in retail and service establishments who spend up to 40% of their time on nonexempt work must be paid at least twice the state's minimum wage ($572 per week).

California

Cal. Lab. Code §§ 510 and following; Cal. Code Regs. tit. 8, §§ 11010 and following

Time and a half after x hours per DAY: 8; after 12 hours, double time.

Time and a half after x hours per WEEK: 40. On 7th day: Time and a half for the first 8 hours; after 8 hours, double time.

Employment excluded from overtime laws: Computer software employees who design, develop, create, analyze, test, or modify programs using independent judgment, or who are paid at least $45.84/hour.

Notes: Alternative four 10-hour day work week is permitted, if established prior to 7/1/99. 7th day premium pay not required when employee works no more than 30 hours per week or 6 hours per day.

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Colorado

Colo. Rev. Stat. § 8-13-102; 7 Colo. Code Regs. § 1103-1(4)

Time and a half after x hours per DAY: 12

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employees in retail and service, commercial support service, food and beverage, health and medical industries.

Connecticut

Conn. Gen. Stat. Ann. § 31-76b; Conn. Agencies Regs. § 31-62-E1(c)

Time and a half after x hours per WEEK: 40; premium pay on weekends, holidays, or 6th or 7th consecutive day.

Notes: In restaurants and hotels, time-and-a-half pay required for the 7th consecutive day of work or for hours that exceed 48 per week.

Delaware

No overtime provisions.

District of Columbia

D.C. Code Ann. § 32-1003(c); D.C. Mun. Regs. tit. 7, § 906

Time and a half after x hours per WEEK: 40

Florida

No overtime provisions.

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Georgia

No overtime provisions.

Hawaii

Haw. Rev. Stat. §§ 387-1; 387-3

Time and a half after x hours per WEEK: 40. Dairy, sugar cane, and seasonal agricultural work: 48 hours per week.

Employment excluded from overtime laws: Employees earning guaranteed compensation of $2,000 or more per month.

Idaho

No state overtime rules that differ from FLSA.

Illinois

820 Ill. Comp. Stat. §§ 105/3(d), 105/4a

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employers of 4 or more employees.

Indiana

Ind. Code Ann. § 22-2-2-4(kj)

Time and a half after x hours per WEEK: 40

Employment excluded from overtime laws: Employment that is subject to the FLSA, movie theaters, seasonal camps and amusement parks, FLSA-exempt nonprofits.

Notes: Collective bargaining agreements ratified by the NLRB may have different overtime provisions. Domestic service work is not excluded from overtime laws.

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Iowa

No state overtime limits.

Kansas

Kan. Stat. Ann. § 44-1204

Time and a half after x hours per WEEK: 46

Employment excluded from overtime laws: Employment that is subject to the FLSA.

Kentucky

Ky. Rev. Stat. Ann. §§ 337.050, 337.285

Time and a half after x hours per WEEK: 40

Employment excluded from overtime laws: Retail, hotel, and restaurant businesses.

Notes: 7th day, time and a half.

Louisiana

No overtime provisions.

Maine

Me. Rev. Stat. Ann. tit. 26, § 664(3)

Time and a half after x hours per WEEK: 40

Employment excluded from overtime laws: Auto mechanics, parts clerks, and salespersons; hotels, motels, and restaurants; canning, freezing, packing, and shipping produce and perishable foods.

Notes: Employee cannot be required to work more than 80 hours of overtime in any 2-week period.

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Maryland

Md. Code Ann., [Lab. & Empl.] § 3-420

Time and a half after x hours per WEEK: 40; 48 hours for bowling alleys and residential employees caring for the sick, aged, or mentally ill in institutions other than hospitals; 60 hours for agricultural work.

Massachusetts

Mass. Gen. Laws ch. 151, § 1A

Time and a half after x hours per WEEK: 40

Employment excluded from overtime laws: Agriculture, farming, fishing; hotel, motel, or restaurant; seasonal workers less than 5 months; hospital, nursing home, or rest home; public transit.

Notes: Time and a half as overtime unless already paid that rate as part of regular compensation.

Michigan

Mich. Comp. Laws §§ 408.382 and following

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employers of 2 or more employees.

Employment excluded from overtime laws: Employees not subject to state minimum wage laws.

Minnesota

Minn. Stat. Ann. § 177.25

Time and a half after x hours per WEEK: 48

Mississippi

No overtime provisions.

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Missouri

Mo. Rev. Stat. §§ 290.500 and following

Time and a half after x hours per WEEK: 40; 52 hours for seasonal amusement or recreation businesses.

Employment excluded from overtime laws: Employment that is subject to the FLSA; retail or service business with gross annual sales or contracts of less than $500,000.

Montana

Mont. Code Ann. §§ 39-3-405 and following

Time and a half after x hours per WEEK: 40; 48 hours for students working seasonal jobs at amusement or recreational areas.

Nebraska

No overtime provisions.

Nevada

Nev. Rev. Stat. Ann. § 608.018

Time and a half after x hours per DAY: 8

Time and a half after x hours per WEEK: 40

Employment excluded from overtime laws: Businesses with a gross annual sales volume of less than $250,000.

Notes: Employer and employee may agree to flextime schedule of four 10-hour days.

New Hampshire

N.H. Rev. Stat. Ann. § 279:21(VIII)

Time and a half after x hours per WEEK: 40

Employment excluded from overtime laws: Employees covered by the FLSA; employees in amusement, seasonal, or recreational business open 7 months or less a year.

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New Jersey

N.J. Stat. Ann. §§ 34:11-56a(4) and following

Time and a half after x hours per WEEK: 40

Employment excluded from overtime laws: June to September: Summer camps, conferences, and retreats operated by nonprofit or religious groups.

New Mexico

N.M. Stat. Ann. § 50-4-22(C)

Time and a half after x hours per WEEK: 40

New York

N.Y. Lab. Law §§ 160(3), 161; N.Y. Comp. Codes R. & Regs. tit. 12, § 142-2.2

Time and a half after x hours per WEEK: 40 for nonresidential workers; 44 for residential workers.

Employment excluded from overtime laws: Same exemptions as FLSA.

North Carolina

N.C. Gen. Stat. §§ 95-25.14, 95-25.4

Time and a half after x hours per WEEK: 40; 45 hours a week in seasonal amusement or recreational establishments.

Employment excluded from overtime laws: Employment that is subject to the FLSA.

North Dakota

N.D. Admin. Code § 46-02-07-02(4)

Time and a half after x hours per WEEK: 40; 50 hours per week, cab drivers.

Employment excluded from overtime laws: Computer professionals who design, develop, create, analyze, test, or modify programs using independent judgment or who are paid at least $27.63/hour.

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Ohio

Ohio Rev. Code Ann. § 4111.03

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employers who gross more than $297,000 a year.

Oklahoma

No state overtime provisions.

Oregon

Or. Rev. Stat. §§ 653.261, 653.265

Time and a half after x hours per WEEK: 40

Notes: Time and a half required after 10 hours a day in canneries, driers, packing plants, mills, factories, and manufacturing facilities.

Pennsylvania

43 Pa. Cons. Stat. Ann. § 333.104(c); 34 Pa. Code § 231.41

Time and a half after x hours per WEEK: 40

Rhode Island

R.I. Gen. Laws §§ 28-12-4.1 and following, 5-23-2(h)

Time and a half after x hours per WEEK: 40

Notes: Time and a half for Sunday and holiday work is required for most retail businesses (these hours are not included in calculating weekly overtime).

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South Carolina

No overtime provisions.

South Dakota

No overtime provisions.

Tennessee

No overtime provisions.

Texas

No overtime provisions.

Utah

No overtime provisions.

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Vermont

Vt. Stat. Ann. tit. 21, §§ 382, 384(b); Vt. Code R. 24 090 001

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employers of 2 or more employees

Employment excluded from overtime laws: Retail and service businesses if 75% of annual sales not for resale; hotels, motels, restaurants; transportation workers exempt under FLSA.

Virginia

No overtime provisions.

Washington

Wash. Rev. Code Ann. § 49.46.130

Time and a half after x hours per WEEK: 40

West Virginia

W. Va. Code §§ 21-5c-1(e), 21-5c-3

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Employers of 6 or more employees at one location

Employment excluded from overtime laws: Employees that are subject to the FLSA.

Wisconsin

Wis. Stat. Ann. §§ 103.01, 103.03; Wis. Admin. Code DWD 274.01 and following

Time and a half after x hours per WEEK: 40

Employment overtime laws apply to: Manufacturing, mechanical, or retail businesses; beauty parlors, laundries, restaurants, hotels; telephone, express, shipping, and transportation companies.

Wyoming

No overtime provisions.

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This chart is a selection from Your Rights in the Workplace published by Nolo Press. For more complete information on this, and other job rights questions, order the book here.