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Overtime laws in every state

Amy Bourne |

When it comes to employee time tracking, every detail is important. If you’re using a time clock app for employees, you’re off to a great start—but that’s only part of the solution.

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. 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.

To make matters even more confusing, while most employers across the U.S. must comply with the overtime regulations set out in the Fair Labor Standards Act, overtime laws in some states establish even more requirements you need to be aware of.

These regulations range from more stringent weekly (or even daily) thresholds to providing coverage for more specific types of employees.

Overtime Laws by State

The table below illustrates the overtime laws for all 50 states and the District of Columbia. For additional information, be sure to check out the links provided by the Department of Labor on your state’s official wage, hour and labor requirements.

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:

  • Minimum Wage: $7.25
  • Daily Hour Threshold: None
  • Weekly Hour 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 $8.75 per hour After 8 hours After 40 hours Commerce or manufacturing employers with more than 4 employees on staff.
Arizona $8.05 per hour N/A N/A Cost-of-living adjustment and federal laws apply.
Arkansas $7.50 per hour N/A After 40 hours Applicable to employers with 4 or more employees.
California $9.00 per hour After 8 hours After 40 hours Employees earn double time after working 12 hours in a day or working more than 8 hours on the seventh day of any workweek. Learn more about California’s overtime laws.
Colorado $8.23 per hour After 12 hours (or 12 consecutive hours) After 40 hours Cost-of-living adjustment applies to minimum wage and minimum wage only applies to the food, beverage, health, retail and service industries.
Connecticut $9.15 per hour N/A After 40 hours If the federal minimum wage increases to match or exceed the state’s, then the state’s minimum wage will automatically increase by .5% above the new federal wage.
Delaware $7.75 per hour N/A N/A The state’s minimum wage will automatically change to match any increase to the federal wage. Federal overtime laws apply.
District of Columbia $9.50 per hour N/A After 40 hours If the federal minimum wage exceeds the state’s wage, then a $1 increase to the state’s minimum wage is required.
Florida $8.05 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 N/A N/A Federal minimum wage is required if the federal wage exceeds the state’s minimum. Federal laws apply.
Hawaii $7.75 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 $8.25 per hour N/A N/A Federal overtime laws apply.
Illinois $8.25 per hour N/A After 40 hours Employers with 4 or more employees are covered.
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 $7.50 per hour N/A After 40 hours An automatic $1 increase is applied to the state minimum if the federal wage is higher.
Maryland $8.00 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.
Massachusets $9.00 per hour N/A After 40 hours An automatic 10 cent increase is applied to the state minimum wage if the federal wage matches or exceeds the rate. Some employees can earn time and a half for working on Sundays.
Michigan $8.15 per hour N/A After 40 hours Applicable to employers with 2 or more employees on staff.
Minnesota $8.00 per hour or $6.50 per hour N/A After 48 hours $8.00 is the state’s minimum wage for employers who receive annual receipts of $625,000 or more. If an employer earns receipts less than that amount, then the minimum wage is $6.50 per hour.
Mississippi N/A N/A N/A Federal wage and overtime rules apply.
Missouri $7.65 per hour N/A After 40 hours Cost-of-living adjustments will move the minimum wage up or down on January 1st of each year. Employees working for seasonal recreation businesses can get overtime after 52 hours.
Montana $8.05 per hour N/A After 40 hours Employees working for seasonal recreation businesses can get overtime after 48 hours. The state’s minimum wage is lowered to $4.00 per hour for employers with gross sales below $110,000 per year.
Nebraska $8.00 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 After 40 hours Minimum wage and overtime requirements are based on federal law.
New Jersey $8.38 per hour N/A After 40 hours N/A
New Mexico $7.50 per hour N/A After 40 hours N/A
New York $8.75 per hour 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 businesses 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.
Ohio $8.10 per hour or $7.25 per hour N/A After 40 hours The $8.10 minimum wage applies to employees who gross no more than $283,000 per year. 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.
Oregon $9.25 per hour N/A After 40 hours Depending on inflation, minimum wage can each year. For certain industries, overtime pay is required after just 10 hours of work.
Pennsylvania $7.25 per hour N/A After 40 hours N/A
Rhode Island $9.00 per hour N/A After 40 hours Certain businesses are required to pay overtime for hours worked on Sundays and during specified holidays.
South Carolina N/A N/A N/A Federal wage and overtime rules apply.
South Dakota $8.50 per hour N/A N/A Federal overtime rules apply.
Tennessee N/A N/A N/A Federal wage and overtime rules apply.
Texas $7.25 per hour N/A N/A Federal overtime laws apply. The state’s minimum wage is based on the federal minimum wage amount.
Utah $7.25 per hour N/A N/A Federal overtime laws apply. The state’s minimum wage is based on the federal minimum wage amount.
Vermont $9.15 per hour N/A After 40 hours Applicable to employers with at least 2 employees.
Virginia $7.25 per hour N/A N/A Applicable to employers with 4 or more employees. Overtime is based on federal laws and requirements.
Washington $9.47 per hour N/A After 40 hours Minimum wage varies annually based on inflation.
West Virginia $8.00 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 Applies to manufacturing, mechanical, retail, beauty, laundry, restaurant, hotel, phone, express, shipping and transportation workers.
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.

Now that you have a better understanding of the overtime laws in your state, you’re well on your way to protecting your business from an FLSA lawsuit. Unfortunately, there’s still no guarantees.

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.

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Amy Bourne is the marketing copywriter for ExakTime. She enjoys learning about the real challenges faced in the construction-related field, and providing content that helps business owners work smarter.

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