Overtime Pay by State

Overtime Pay by State

Most states entitle nonexempt workers to premium pay after working more than 40 hours per workweek. Some states listed below have different rules. When state and federal overtime laws differ, employers should follow the law most favorable to the employee.


Alaska

Employers must pay employees 1.5 times their regular rate of pay for hours worked in excess of 8 per day or 40 per week. 

Under a voluntary flexible work hour plan approved by the Alaska Department of Labor, a 10 hour day, 40 hour workweek may be instituted with premium pay after 10 hours a day.

The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.
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California

Employers must pay employees 1.5 times their regular rate of pay for hours worked in excess of 8 per day or 40 per week.

Employers must pay employees 1.5 times their regular rate of pay for the first 8 hours worked on the 7th day of work in any one workweek.

Employers must pay employees 2 times their regular rate of pay for hours worked in excess of 12 per day or in excess of 8 hours on the 7th day of a workweek.

Colorado

Employers must pay employees 1.5 times their regular rate of pay for hours worked in excess of 12 per day or 40 per week.


Connecticut

For restaurants and hotel restaurants, employers must pay employees 1.5 times their regular rate of pay for hours worked on the 7th consecutive day of work.


Kentucky

Employers must pay employees 1.5 times their regular rate of pay for hours worked on the 7th consecutive day of work. This does not apply when the employee is not permitted to work over 40 hours total in the workweek.

Nevada

If employee is earning less than 1.5 times the state minimum wage, employers must pay employees 1.5 times their regular rate of pay for hours worked in excess of 8 per day or 40 per week.

Oregon

For nonfarm canneries, driers, packing plants, mills, factory, or manufacturing establishments (excluding sawmills, planning mills, shingle mills and logging camps), employers must pay employees 1.5 times their regular rate of pay for hours worked in excess of 10 per day or 40 per week.

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