Compliance

overtime-laws-by-state

2019 overtime laws, state by state

When it comes to employee time tracking, every detail is important. Without a solid understanding of both federal and state-level labor laws, you’re leaving your business exposed to lawsuits and fines.

One such law—or laws—concerns overtime. Often grouped under Wage standards that dictate minimum wage as well as “premium pay”, Overtime is a complex subject that leaves business owners with plenty of questions, such as whether OT laws apply to seasonal employees or whether they’re required to pay for unauthorized overtime.

Overtime Laws by State

The table below specifies the minimum wage and overtime laws for each of the 50 states and the District of Columbia.

Keep in mind that, when federal and state laws conflict, the law that benefits the employee most is usually the law that takes precedence. For reference, here are the current federal requirements:

  • Federal Minimum Wage: $7.25
  • Overtime Daily Threshold: None
  • Overtime Weekly Threshold: 40 hours

We’ve also included a list of states with daily overtime requirements below the table.

State Minimum Wage Daily OT Requirements Weekly OT Requirements Special Requirements
Alabama N/A N/A N/A FLSA rules apply.
Alaska $9.89 per hour After 8 hours After 40 hours Commerce or manufacturing employers with more than 4 employees on staff.
Arizona $11 per hour N/A N/A Cost-of-living adjustment and federal laws apply.
Arkansas $9.25 per hour N/A After 40 hours Applicable to employers with 4 or more employees.
California $11.00 per hour for up to 25 employees; $12.00 per hour for 26+ employees After 8 hours After 40 hours Employees earn overtime for all hours worked on the 7th consecutive day, and double time after working 12 hours on any day or more than 8 hours on the seventh day of any workweek. Learn more about California’s overtime laws.
Colorado $11.10 per hour After 12 hours (or 12 consecutive hours) After 40 hours If an employee is covered by both state and federal laws, then the law providing greater protection or higher compensation applies.
Connecticut $10.10 per hour N/A After 40 hours Even if an employee works more than 12 hours in a day, he or she will not receive overtime until they exceed 40 hours in a week.
Delaware $8.75 per hour; $9.25/hour effective 10/1/19 N/A N/A The state’s minimum wage for youth ages 14-17 and adults in their first 9 0 days on the job is $8.25 ($8.75 as of 10/1/19).
District of Columbia $13.25 per hour; $14.00/hour effective 7/1/19 N/A After 40 hours Beginning in 2021, the minimum wage will increase every year pursuant to the Consumer Price Index for employees who do and do not receive gratuities.
Florida $8.46 per hour N/A N/A Minimum wage is increased annually based on cost-of-living adjustment. Federal laws apply.
Georgia $5.15 per hour (basic wage rate) N/A After 40 hours All employers subject to the Fair Labor Standards Act must pay the federal minimum wage rate. Federal overtime laws apply.
Hawaii $10.10 per hour N/A After 40 hours Employees who are guaranteed at least $2,000 a month are exempt from the state’s minimum wage and overtime laws. Employers covered by FLSA are exempt as long as the state’s minimum wage is lower. Employees in the dairy, sugarcane and seasonal agricultural industries will receive overtime after 48 hours of work in a week.
Idaho $7.25 per hour N/A N/A Federal overtime laws apply.
Illinois $8.25 per hour N/A After 40 hours If an employer’s policy specifies double time pay for Sundays or legal holidays, then the employer must honor the agreement.
Indiana $7.25 per hour N/A After 40 hours N/A
Iowa $7.25 per hour N/A N/A Federal overtime laws apply. The state’s minimum wage will automatically increase to match any increase to the federal minimum.
Kansas $7.25 per hour N/A After 46 hours Employers covered by FLSA are exempt from state law.
Kentucky $7.25 per hour N/A After 40 hours N/A
Louisiana N/A N/A N/A Federal wage and overtime rules apply.
Maine $11 per hour N/A After 40 hours Starting in 2021, the minimum wage will be increased $1 per year over the previous year pursuant to changes in the Consumer Price Index.
Maryland $10.10 per hour N/A After 40 hours If federal minimum wage increases, then an automatic increase to the state’s wage will apply. Bowling alley employees and non-hospital employees who care for the sick, mentally disabled or elderly get overtime after 48 hours. Seasonal agricultural workers receive overtime after working over 60 hours in a week.
Massachusetts $12 per hour; $12.75/hour effective 1/1/20 N/A After 40 hours For service workers, overtime pay is 1.5x the basic minimum wage, not the service rate. Minimum wage is $8.00 per hour for agricultural workers.
Michigan $9.45 per hour; $9.65 per hour effective 1/1/20 N/A After 40 hours Applicable to employers with 2 or more employees on staff.
Minnesota $9.86 per hour or $8.04 per hour N/A After 48 hours $9.86 is the state’s minimum wage for employers with gross annual revenue of $500,000 or more. If an employer’s gross annual revenue is less than that amount, then the minimum wage is $8.04 per hour.
Mississippi N/A N/A N/A Federal wage and overtime rules apply.
Missouri $8.60 per hour N/A After 40 hours Employers whose gross annual income is less than $500,000 are not required to pay the state minimum wage rate.
Montana $8.50 per hour N/A After 40 hours The state’s minimum wage is subject to a cost of living adjustment by September 30 of each year.
Nebraska $9.00 per hour N/A After 40 hours Applies to employers with 4 or more employees.
Nevada $7.25 per hour or $8.25 per hour After 8 hours After 40 hours The $8.25 minimum wage only applies to employees who do not receive health benefits. The daily requirements only applies to employees who earn less than 1.5 times the minimum wage.
New Hampshire N/A N/A N/A Federal wage and overtime rules apply.
New Jersey $8.85 per hour; $10.00 per hour effective 7/1/19 N/A After 40 hours N/A
New Mexico $7.50 per hour; $9.00 per hour effective 1/1/20 N/A After 40 hours N/A
New York $11.10 per hour; $15.00 per hour in New York City N/A After 40 hours Residential employees can earn earn overtime after 44 hours of work. The minimum wage automatically increases in the event that the federal wage exceeds the state rate.
North Carolina $7.25 per hour N/A After 40 hours Employees working for seasonal recreation and amusement establishments can get overtime after 45 hours.
North Dakota $7.25 per hour N/A After 40 hours Cabdrivers can get overtime after working more than 50 hours in a week. Hospital/medical workers can agree to two-week overtime period with their employers provided they are paid time and a half for an hours worked beyond 8 in a day or 80 in a 14-day period.
Ohio $8.55 per hour N/A After 40 hours Overtime applies to employers who gross at least $150,000 per year.
Oklahoma $7.25 per hour N/A N/A The state minimum wage is based on the current federal rate, which applies to employers with 10+ employees and employers who receive more than $100,000 annually in gross sales. Federal overtime rules apply.
Oregon $10.75 per hour; $11.25/hour effective 7/1/19; $12.50 in Portland as of 7/1/19 N/A After 40 hours Minimum wage adjusted annually according to Consumer Price Index. For employees in manufacturing establishments, overtime pay is required after 10 hours worked in one day.
Pennsylvania $7.25 per hour N/A After 40 hours N/A
Rhode Island $10.50 per hour N/A After 40 hours Most employers must provide “premium”, a.k.a. overtime, pay for hours worked on Sundays and specified holidays.
South Carolina N/A N/A N/A Federal wage and overtime rules apply.
South Dakota $9.10 per hour N/A N/A Federal overtime rules apply.
Tennessee N/A N/A N/A Federal wage and overtime rules apply.
Texas N/A N/A N/A Federal wage and overtime laws apply.
Utah N/A N/A N/A Federal wage and overtime laws apply.
Vermont $10.78 per hour N/A After 40 hours Applicable to employers with at least 2 employees. The state’s minimum wage is automatically replaced with the federal if the federal exceeds the state minimum.
Virginia N/A N/A N/A Federal wage and overtime laws apply.
Washington $12 per hour N/A After 40 hours Minimum wage increases annually based on a set formula.
West Virginia $8.75 per hour N/A After 40 hours Applicable to employers with 6 or more employees working at one location.
Wisconsin $7.25 per hour N/A After 40 hours N/A
Wyoming $5.15 per hour N/A N/A The federal minimum wage applies to those who qualify. Federal overtime regulations also apply.

States with daily overtime requirements: Alaska, California, Colorado, and Nevada

Please Note: The table above is meant to be used as a reference, but state laws are subject to change. Always verify current requirements with your accounting staff, lawyer, or state.

Keeping updated on your state’s minimum wage and overtime laws is a key step in steering your company clear of an FLSA lawsuit. But there’s still ensuring employees hours are recorded correctly, and that they are paid for the straight time and overtime that they actually worked.

To protect your business even further, make sure you’re compliant with FLSA record-keeping requirements. Afraid of a DOL audit? Check out our free eBook to learn how to avoid them.