Overtime Pay Laws by State (2026)

Last verified:

Source: Fair Labor Standards Act (FLSA), 29 U.S.C. § 207 — Enacted 1938, enforced by the U.S. Department of Labor.

About this article

Sourced from primary statutes (U.S. Code, CFR, state compiled statutes) and official government agency guidance. Written in plain language for general understanding — this is educational content, not legal advice. Our editorial standards

Compare by state

Statute citations are verified per state. Select a state to jump to its full section below.

Overtime thresholds and recovery rules for each U.S. state and D.C.
Primary statuteOvertime rules
AlabamaAla. Code § 25-7-40 et seq. — Preemption of Local Wage/Overtime LawsSee details
AlaskaAlaska Overtime Law — Alaska Stat. § 23.10.060See details
Arizona29 U.S.C. § 207 (federal FLSA)See details
ArkansasArkansas Minimum Wage Act — Overtime, Ark. Code § 11-4-201 et seq.See details
CaliforniaCal. Labor Code § 510California pays overtime after 8 hours/day (not just 40/week) and double-time after 12 hours — stricter than federal FLSA.
Colorado7 CCR 1103-1 (Colorado COMPS Order)See details
ConnecticutCGS § 31-76c — Connecticut overtime requirementsSee details
DelawareDelaware Wage Payment and Collection Act, 19 Del. C. § 1101 et seq.See details
District of ColumbiaD.C. Minimum Wage and Overtime, D.C. Code § 32-1003See details
Florida29 U.S.C. § 207 (FLSA, applied through Fla. Stat. § 448.110)Florida overtime runs on the federal FLSA — 1.5× after 40 hours/week — but tipped overtime must be calculated on the full $14.00/hr state minimum wage, not the $10.98 tipped cash wage. The Florida Minimum Wage Act adds a 4-year SOL (vs. FLSA's 2) and a $1,000 per-violation civil penalty.
Georgia29 U.S.C. § 207 (FLSA)See details
HawaiiHawaii Wage and Hour Law — HRS § 387See details
IdahoIdaho Code § 44-1501 et seq. — Idaho wage claim proceduresSee details
Illinois820 ILCS 105/4aIllinois requires 1.5× overtime after 40 hours/week, and the One Day Rest in Seven Act guarantees at least 24 consecutive hours off every calendar week.
IndianaIndiana Code § 22-2-2-4 — Indiana overtime coverage via minimum wage lawSee details
IowaIowa Code § 91A.3 — Iowa Wage Payment Schedule (at least semi-monthly pay required)See details
KansasK.S.A. § 44-1204 — Kansas Overtime Law (46-hour workweek threshold for state-only covered workers)See details
KentuckyKRS § 337.285 — Overtime Pay RequirementsSee details
LouisianaLouisiana Local Wage Preemption, La. R.S. § 23:642See details
Maine26 M.R.S.A. § 664 — Maine overtime provisionsSee details
MarylandMaryland Wage and Hour Law, MD Code, Labor & Employment § 3-415See details
MassachusettsMass. Gen. Laws ch. 151, § 1AMassachusetts requires 1.5× overtime after 40 hours/week — and unpaid wages trigger mandatory triple damages plus attorney fees under the Wage Act.
MichiganMCL § 408.934See details
MinnesotaMinn. Stat. § 177.25See details
MississippiFLSA overtime pay, 29 U.S.C. § 207See details
MissouriMissouri Wage Payment Requirements, RSMo § 290.080See details
MontanaMont. Code Ann. § 39-3-401 et seq. — Montana wage and hour lawSee details
NebraskaNeb. Rev. Stat. § 48-1201 — Nebraska Wage Payment and Collection ActSee details
NevadaNRS 608.018 — Overtime Compensation (Daily and Weekly)See details
New HampshireRSA 275:43 et seq. — NH wage payment and overtimeSee details
New JerseyN.J.S.A. 34:11-56a4See details
New MexicoNMSA § 50-4-1 et seq. — New Mexico Minimum Wage Act (overtime enforcement)See details
New YorkN.Y. Labor Law § 160New York pays 1.5× after 40 hours/week and extends overtime to workers federal law excludes — including domestic and residential workers.
North CarolinaN.C. Gen. Stat. § 95-25.4See details
North DakotaN.D. Cent. Code § 34-06 — Wage PaymentSee details
OhioOhio Rev. Code § 4111.03See details
OklahomaOklahoma Workers' Compensation Act, 85A Okl. St. § 1 et seq.See details
OregonORS § 653.261See details
Pennsylvania43 P.S. § 333.104 (PA Minimum Wage Act)See details
Rhode IslandR.I. Gen. Laws § 28-12-4.2 — Rhode Island overtime requirementsSee details
South CarolinaSC Payment of Wages Act, S.C. Code § 41-10-10 et seq.See details
South DakotaSDCL § 60-11 — Wage PaymentSee details
Tennessee29 U.S.C. § 207 — FLSA overtime (federal; no Tennessee state OT law)See details
Texas29 U.S.C. § 207 (FLSA, applied through Tex. Labor Code Ch. 61)Texas overtime is pure federal FLSA — 1.5× after 40 hours/week. File with TWC within 180 days or use the federal 2-year DOL window. Both tracks run independently and recover 100% liquidated damages plus mandatory attorney's fees in private suits.
UtahUtah Payment of Wages Act — Utah Code § 34-40See details
Vermont21 V.S.A. § 383 — Vermont wage payment requirementsSee details
VirginiaVa. Code § 40.1-29.2 (VA Overtime Wage Act)See details
WashingtonRCW 49.46.130Washington requires 1.5× overtime after 40 hours/week with one of the nation's highest exempt-salary thresholds (approximately $1,499.40/week for small employers and $1,714.80/week for large employers in 2026 per WAC 296-128-545, indexed to state minimum wage).
West VirginiaW. Va. Code § 21-5C-1 et seq. — WV Minimum Wage and Maximum Hours StandardsSee details
WisconsinWis. Stat. § 103.02 — Hours of Labor (Overtime)See details
WyomingWyo. Stat. § 27-4-101 et seq. — Wyoming wage payment and overtime frameworkSee details
My employer isn't paying me overtime?See the focused guide →
Federal Law

What is this right?

The rule is older than your grandparents and it hasn't changed: work more than 40 hours in a single workweek and your employer owes you at least 1.5 times your regular rate for every hour past 40. That's the Fair Labor Standards Act, on the books since 1938.

It covers most hourly workers automatically. If you're salaried but earn less than $684 a week ($35,568 a year), you're owed overtime no matter what your job title says. Above that salary line, your employer can call you "exempt" — but only if your actual day-to-day duties fit one of the narrow categories the DOL spells out (executive, administrative, professional, computer, or outside sales). The label isn't enough; the duties have to match.

One thing worth knowing: the DOL tried to raise the salary threshold to $58,656 in 2024, which would have pulled millions of mid-level salaried workers back into overtime eligibility. A federal judge in Texas vacated the rule in November 2024, so the line is still $35,568 going into 2026.

When does it apply?

You're entitled to overtime if all three of these are true:

  • You worked more than 40 hours in a single workweek (your employer's defined seven-day stretch).
  • You're classified as "non-exempt" — and remember, your employer doesn't get to decide that unilaterally.
  • Your employer is covered by the FLSA. Most are: either the business does $500,000+ in annual sales and touches interstate commerce (enterprise coverage), or you personally handle goods, calls, or work that crosses state lines (individual coverage, which catches almost any modern job).

The exemption test has two parts — your employer has to clear both.

  1. Salary test: You earn at least $684/week ($35,568/year).
  2. Duties test: Your primary duties have to actually fit one of these five buckets:
    • Executive — you run a department or unit and direct at least two full-time employees.
    • Administrative — your work is office or non-manual, tied to running the business, and you exercise real independent judgment on significant matters.
    • Professional — the job requires advanced knowledge in a field of science or learning (doctors, lawyers, engineers, accountants).
    • Computer employee — systems analyst, programmer, or software engineer earning at least $684/week (or $27.63/hr).
    • Outside sales — you regularly make sales or take orders away from the employer's place of business.

Three myths your employer might lean on:

  • "Salaried employees don't get overtime." Wrong — salary alone proves nothing. Both tests have to be met.
  • "HR says you're exempt." Misclassification is one of the most common wage violations the DOL finds. The law decides, not the title on your offer letter.
  • "You signed a contract waiving overtime." That waiver isn't worth the paper it's printed on. You cannot legally sign away FLSA rights.

What to Do If Your Employer Doesn't Pay Overtime

Cases get won on records, not memory. Start there.

Step 1: Keep your own time log. Note when you start, when you stop, and every break. A notebook, a phone app, even photos of the time clock — anything contemporaneous beats your boss's word in front of a DOL investigator.

Step 2: Check the math on your pay stubs. Pull every week you cracked 40 hours. The overtime hours have to be paid at 1.5× your regular rate, and the "regular rate" includes most non-discretionary bonuses and commissions — which is why a lot of overtime claims are even bigger than people first think.

Step 3: Put it in writing. A short email to HR or your manager asking them to correct the underpayment is enough. Save the response (or the silence).

Step 4: File the complaint. The DOL Wage and Hour Division takes complaints at 1-866-487-9243 or online at dol.gov. You can also call an employment attorney — most take overtime cases on contingency, so there's no money up front.

What should you NOT do?

Don't work off the clock. If your boss tells you to clock out but finish the task, that's textbook wage theft. Make a quick note of when it happened and what you were asked to do.

Don't take "you're exempt" at face value. Run the salary and duties tests yourself. If anything's off, you may be owed years of back pay.

Don't sit on it. The FLSA gives you 2 years from each paycheck (3 if the violation was willful). Wait too long and the earliest weeks fall off the back end of your claim.

Don't quit before you file. You can file while you're still on the payroll, and retaliation for filing a wage complaint is itself illegal under FLSA §15(a)(3).

State Law

Worked example

  1. ScenarioYou're a non-exempt employee in California and your employer schedules you for a 10-hour shift but pays the same hourly rate for all 10 hours.

    OutcomeCalifornia requires overtime after 8 hours in a day, not just 40 in a week. Those final two hours must be paid at 1.5× your regular rate, and any hours past 12 in a day would be double-time. This is stricter than the federal 40-hour-week standard.

    Legal values (daily overtime after 8 hours, double-time after 12) are from the California overtime-pay variation; see the California section below.

You shouldn't have to hire a lawyer to assert your rights.

Answer a few questions. We generate a personalized letter citing your state's exact statutes, deadlines, and penalties — ready to print and send in minutes.

Lawyers charge $350+. Your letter: $19.

See all 18 letter types →

Common Questions

When am I entitled to overtime pay?

Under the federal Fair Labor Standards Act, non-exempt employees must be paid 1.5 times their regular rate for hours worked beyond 40 in a workweek. Some states add daily overtime — California, for example, pays overtime after 8 hours in a single day.

Does overtime apply daily or only weekly?

Federal law uses a 40-hour weekly threshold. A handful of states also require daily overtime — for example, time-and-a-half after 8 hours and double-time after 12 hours in a day in California. Your state's section above notes any daily-overtime rule that applies.

Am I exempt from overtime?

Exemption depends on your actual job duties and salary level, not your job title alone. Many salaried workers are still owed overtime. If you're unsure, your state's section above and the federal duties tests can help you check whether you qualify.

What can I recover for unpaid overtime?

You can generally claim the unpaid overtime wages, and many states add liquidated damages plus attorney's fees. Filing deadlines are commonly two to four years. Keep your own record of the hours you worked as evidence — see your state's section for specifics.

State-by-state details

Alabama

Primary statute: Ala. Code § 25-7-40 et seq. — Preemption of Local Wage/Overtime Laws

Alabama has no state overtime law — workers rely entirely on federal FLSA:

  • Overtime required after 40 hours per workweek at 1.5x under federal FLSA
  • AL does not add any state overtime requirements
  • AL is one of few states with no state minimum wage or overtime law
  • AL law preempts local governments from enacting their own wage or overtime ordinances

Alaska

Primary statute: Alaska Overtime Law — Alaska Stat. § 23.10.060

Alaska has its own overtime law that mirrors federal FLSA requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Alaska also requires overtime after 8 hours per day for most employees — stronger than federal law
  • Exemptions exist for agriculture, fishing, and certain seasonal industries critical to Alaska's economy
  • Domestic service workers and some transportation employees may be exempt
  • Alaska's overtime protections are enforced by the Alaska Department of Labor and Workforce Development

Arkansas

Primary statute: Arkansas Minimum Wage Act — Overtime, Ark. Code § 11-4-201 et seq.

Full Arkansas guide →

California

Primary statute: Cal. Labor Code § 510

California pays overtime after 8 hours/day (not just 40/week) and double-time after 12 hours — stricter than federal FLSA.

Full California guide →

Colorado

Primary statute: 7 CCR 1103-1 (Colorado COMPS Order)

Colorado provides strong overtime protections through the Colorado Overtime and Minimum Pay Standards Order (COMPS):

  • Overtime is required after 40 hours in a workweek at 1.5x your regular rate
  • Colorado also requires overtime after 12 hours in a single workday — one of the few states with daily overtime
  • Colorado COMPS Order (7 CCR 1103-1) provides state-level overtime protections that exceed the FLSA
  • Colorado also requires overtime for 12 consecutive hours of work regardless of when the workday started
  • Colorado has its own exemption categories that differ from federal law in some respects
  • Colorado also offers Paid Family and Medical Leave (FAMLI) — a state insurance program providing up to 12 weeks of paid leave

Delaware

Primary statute: Delaware Wage Payment and Collection Act, 19 Del. C. § 1101 et seq.

Full Delaware guide →

District of Columbia

Primary statute: D.C. Minimum Wage and Overtime, D.C. Code § 32-1003

The District of Columbia follows federal FLSA overtime rules but adds several worker-friendly protections:

  • Higher exempt salary threshold: D.C. sets a higher salary threshold for overtime exemption than the federal level, tied to the D.C. minimum wage. Employees must earn at least a specified weekly salary to be classified as exempt.
  • Wage Payment and Collection Law: D.C. requires employers to pay all earned wages, including overtime, promptly. Employers who fail to pay can face liquidated damages of 3x the unpaid wages, plus attorney fees and costs.
  • Written notice requirements: D.C. employers must provide written notice to employees of their pay rate, overtime rate, and pay schedule before employment begins.
  • Stronger enforcement: The D.C. Office of the Attorney General actively prosecutes wage theft cases, including overtime violations, and has recovered millions in back wages for workers.

Florida

Primary statute: 29 U.S.C. § 207 (FLSA, applied through Fla. Stat. § 448.110)

Florida overtime runs on the federal FLSA — 1.5× after 40 hours/week — but tipped overtime must be calculated on the full $14.00/hr state minimum wage, not the $10.98 tipped cash wage. The Florida Minimum Wage Act adds a 4-year SOL (vs. FLSA's 2) and a $1,000 per-violation civil penalty.

Full Florida guide →

Hawaii

Primary statute: Hawaii Wage and Hour Law — HRS § 387

Hawaii follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Hawaii does not have a separate state overtime law — the FLSA standard applies
  • Hawaii does not require daily overtime
  • Agricultural workers in Hawaii may be subject to different rules depending on farm size and season
  • Hawaii's unique employer healthcare mandate (Prepaid Health Care Act) is separate from overtime rules but affects overall compensation

Idaho

Primary statute: Idaho Code § 44-1501 et seq. — Idaho wage claim procedures

Idaho follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Idaho does not have a separate state overtime law — the FLSA applies directly
  • Idaho does not require daily overtime
  • Agricultural workers and certain seasonal workers are exempt from overtime
  • Idaho's economy has significant agriculture, tech, and outdoor recreation sectors — exemptions vary by industry

Illinois

Primary statute: 820 ILCS 105/4a

Illinois requires 1.5× overtime after 40 hours/week, and the One Day Rest in Seven Act guarantees at least 24 consecutive hours off every calendar week.

Full Illinois guide →

Indiana

Primary statute: Indiana Code § 22-2-2-4 — Indiana overtime coverage via minimum wage law

Indiana follows federal FLSA overtime rules with limited additional state protections:

  • Overtime is required after 40 hours in a workweek at 1.5x your regular rate under the federal FLSA
  • Indiana's Minimum Wage Law (IC § 22-2-2) incorporates federal overtime standards
  • IN does not require daily overtime
  • Federal exemptions apply (executive, administrative, professional, outside sales)
  • Indiana is an at-will employment state, but firing someone for claiming overtime is illegal retaliation under the FLSA
  • Indiana law requires employers to pay wages due within 10 business days of the end of the pay period (IC § 22-2-5-1)

Iowa

Primary statute: Iowa Code § 91A.3 — Iowa Wage Payment Schedule (at least semi-monthly pay required)

Iowa follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Iowa does not have a separate state overtime statute — the federal FLSA applies
  • Iowa does not require daily overtime
  • Agricultural workers are exempt from overtime under both state and federal law
  • The Iowa Division of Labor enforces wage claims and can assist with unpaid overtime disputes

Kansas

Primary statute: K.S.A. § 44-1204 — Kansas Overtime Law (46-hour workweek threshold for state-only covered workers)

Kansas follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 46 hours per workweek under Kansas state law — however, most covered employees fall under the federal 40-hour FLSA standard, which prevails
  • Kansas does not require daily overtime
  • Agricultural and seasonal workers may be exempt
  • For workers covered only by Kansas law (not FLSA), the 46-hour threshold applies
  • The Kansas Department of Labor handles wage claims

Kentucky

Primary statute: KRS § 337.285 — Overtime Pay Requirements

Kentucky has its own overtime law that mirrors the federal FLSA:

  • Overtime required after 40 hours per workweek at 1.5x the regular rate (KRS § 337.285)
  • Kentucky also requires overtime on the 7th consecutive workday — but only when total hours for the workweek exceed 40
  • Kentucky does not require daily overtime beyond the 7th day rule

Louisiana

Primary statute: Louisiana Local Wage Preemption, La. R.S. § 23:642

Louisiana has no state overtime law — workers rely entirely on federal FLSA:

  • Overtime required after 40 hours per workweek at 1.5x under federal FLSA
  • Louisiana does not add any state overtime requirements
  • Louisiana is one of few states with no state minimum wage or overtime law
  • Louisiana law preempts local governments from enacting wage ordinances

Maine

Primary statute: 26 M.R.S.A. § 664 — Maine overtime provisions

Maine follows the federal FLSA for overtime and incorporates it through Maine labor law:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Maine labor law (26 M.R.S.A. § 664) incorporates FLSA overtime standards
  • Maine does not require daily overtime
  • Agricultural workers, certain seasonal workers, and some other categories may be exempt
  • Maine's economy includes tourism, fishing, healthcare, and technology — exemptions vary by sector

Maryland

Primary statute: Maryland Wage and Hour Law, MD Code, Labor & Employment § 3-415

Maryland provides overtime protections through the Maryland Wage and Hour Law:

  • Overtime is required after 40 hours in a workweek at 1.5x your regular rate
  • MD does not require daily overtime
  • The MD Wage and Hour Law (MD Code, Labor & Employment § 3-415) provides state-level overtime protections
  • MD exemptions are similar to the FLSA but not identical — some agricultural and seasonal amusement workers have different rules
  • Employers who fail to pay overtime can be liable for the unpaid wages plus treble damages under the MD Wage Payment and Collection Law
  • MD provides stronger protections for employees classified as non-exempt than some other states

Massachusetts

Primary statute: Mass. Gen. Laws ch. 151, § 1A

Massachusetts provides strong overtime protections that exceed federal FLSA requirements:

  • Overtime is required after 40 hours in a workweek at 1.5x your regular rate under the MA Overtime Law
  • MA does not require daily overtime
  • Retail workers who work on Sundays and holidays receive premium pay (being phased out through 2023, now eliminated)
  • MA has stricter rules on exempt vs. non-exempt classification than federal law
  • Employers who fail to pay overtime face treble damages (triple the amount owed) under the MA Wage Act
  • No agreement between employer and employee can waive the right to overtime pay

Michigan

Primary statute: MCL § 408.934

Michigan follows federal FLSA overtime rules and incorporates them via the Michigan Workforce Opportunity Wage Act:

  • Overtime is required after 40 hours in a workweek at 1.5x your regular rate
  • Michigan does not require daily overtime
  • The state overtime rate is calculated using the Michigan minimum wage base, which is higher than federal
  • Michigan exemptions largely mirror the FLSA exemptions (executive, administrative, professional)
  • Agricultural workers have different overtime rules under both state and federal law

Minnesota

Primary statute: Minn. Stat. § 177.25

Minnesota follows federal FLSA overtime rules and incorporates them through the Minnesota Fair Labor Standards Act (MFLSA):

  • Overtime is required after 48 hours per workweek at 1.5x the regular rate under state law — note this is 48 hours, not 40
  • However, most Minnesota workers are also covered by the federal FLSA which requires overtime after 40 hours — you get whichever is more favorable
  • Minnesota does not require daily overtime
  • The state overtime threshold of 48 hours only matters for workers not covered by the federal FLSA

Mississippi

Primary statute: FLSA overtime pay, 29 U.S.C. § 207

Mississippi follows the federal FLSA for overtime — it has no state overtime law:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek under the FLSA
  • Mississippi does not have its own state minimum wage or overtime statute
  • Only the federal FLSA applies, meaning workers not covered by the FLSA have no state overtime protection
  • Agricultural and domestic workers may be exempt from overtime
  • Mississippi is one of the few states without its own wage and hour law

Missouri

Primary statute: Missouri Wage Payment Requirements, RSMo § 290.080

Missouri follows federal FLSA overtime rules with limited additional state provisions:

  • Overtime is required after 40 hours in a workweek at 1.5x your regular rate under the federal FLSA
  • Missouri's state minimum wage law (RSMo § 290.500 et seq.) does not add separate overtime provisions beyond the FLSA
  • MO does not require daily overtime
  • Federal exemptions apply (executive, administrative, professional, outside sales)
  • Missouri is an at-will employment state, but firing someone for claiming overtime is illegal retaliation under the FLSA
  • MO law requires employers to pay wages on regular paydays at least semi-monthly

Montana

Primary statute: Mont. Code Ann. § 39-3-401 et seq. — Montana wage and hour law

Montana follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Montana does not have a separate state overtime law — the FLSA applies directly
  • Montana does not require daily overtime
  • Agricultural workers may be exempt from overtime under both state and federal law
  • Montana's economy includes mining, ranching, tourism, and increasingly technology — exemptions vary by industry

Nebraska

Primary statute: Neb. Rev. Stat. § 48-1201 — Nebraska Wage Payment and Collection Act

Full Nebraska guide →

Nevada

Primary statute: NRS 608.018 — Overtime Compensation (Daily and Weekly)

Nevada has one of the strongest overtime laws in the country:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Nevada also requires daily overtime — 1.5x pay after 8 hours in a day if the employee earns less than 1.5x the minimum wage
  • Nevada's daily overtime requirement is stronger than most states
  • Hospitality, gaming, and entertainment workers are covered by these protections
  • Certain exemptions exist for administrative, executive, and professional employees

New Hampshire

Primary statute: RSA 275:43 et seq. — NH wage payment and overtime

New Hampshire follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • New Hampshire does not have a separate state overtime statute — the FLSA applies directly
  • NH does not require daily overtime
  • Employers must pay overtime unless the employee qualifies for an FLSA exemption
  • New Hampshire's economy includes significant tourism, technology, and manufacturing sectors — exemptions vary by industry

New Jersey

Primary statute: N.J.S.A. 34:11-56a4

New Jersey follows the federal FLSA overtime standard (1.5x after 40 hours/week) but has significantly stronger enforcement mechanisms:

  • NJ Wage Theft Act (2019): One of the strongest wage theft laws in the country. Employers who violate overtime rules face liquidated damages equal to 200% of the wages owed (triple damages total), plus attorney fees.
  • Extended statute of limitations: You have 6 years to file a wage claim in New Jersey, compared to 2–3 years under federal law.
  • Anti-retaliation protections: Employers who retaliate against workers for filing wage complaints can face additional penalties, including reinstatement and back pay.
  • Record-keeping requirements: NJ employers must keep payroll records for 6 years. Failure to maintain records creates a presumption in favor of the employee's claimed hours.

New Mexico

Primary statute: NMSA § 50-4-1 et seq. — New Mexico Minimum Wage Act (overtime enforcement)

New Mexico follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • New Mexico does not have a separate state overtime statute — the federal FLSA applies
  • New Mexico does not require daily overtime
  • Oil/gas, agriculture, and federal government employees (large sector due to military bases and national labs) have various exemptions
  • The New Mexico Department of Workforce Solutions handles wage claims

New York

Primary statute: N.Y. Labor Law § 160

New York pays 1.5× after 40 hours/week and extends overtime to workers federal law excludes — including domestic and residential workers.

Full New York guide →

North Carolina

Primary statute: N.C. Gen. Stat. § 95-25.4

North Carolina follows federal FLSA overtime rules with no additional state-level overtime protections:

  • Overtime is required after 40 hours in a workweek at 1.5x your regular rate
  • NC does not require daily overtime
  • The NC Wage and Hour Act (NCWHA) incorporates FLSA overtime standards by reference
  • NC is an at-will employment state, but firing someone for claiming overtime is illegal retaliation
  • NC applies the same exemptions as federal law (executive, administrative, professional, outside sales)

North Dakota

Primary statute: N.D. Cent. Code § 34-06 — Wage Payment

North Dakota follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • North Dakota does not have a separate state overtime statute — the federal FLSA applies
  • North Dakota does not require daily overtime
  • Oil and gas industry workers have specific exemptions and considerations
  • Agricultural workers are exempt from overtime under both state and federal law

Ohio

Primary statute: Ohio Rev. Code § 4111.03

Ohio follows federal FLSA overtime rules with one notable difference:

  • Overtime is required after 40 hours per workweek at 1.5x the regular rate
  • Ohio exempts employers with annual gross receipts under $150,000 from the Ohio minimum wage law, but these workers still have federal FLSA protections
  • Ohio does not require daily overtime
  • Ohio's overtime rules mirror the federal FLSA, including the same exemption tests for executive, administrative, and professional employees

Oklahoma

Primary statute: Oklahoma Workers' Compensation Act, 85A Okl. St. § 1 et seq.

Oklahoma does not have a state overtime law — workers rely on federal FLSA:

  • Overtime required after 40 hours per workweek at 1.5x under federal FLSA
  • Oklahoma does not add state-level overtime requirements
  • Oklahoma does not require daily overtime

Oregon

Primary statute: ORS § 653.261

Oregon follows federal FLSA overtime rules with some state additions:

  • Overtime required after 40 hours per workweek at 1.5x the regular rate
  • Oregon agricultural workers gained overtime protections through HB 4002 (2022) — phased in overtime requirements for farmworkers
  • Oregon manufacturing workers are entitled to overtime after 10 hours in a day
  • Oregon does not generally require daily overtime for non-manufacturing workers

Pennsylvania

Primary statute: 43 P.S. § 333.104 (PA Minimum Wage Act)

Pennsylvania follows federal FLSA overtime rules:

  • Overtime is required after 40 hours per workweek at 1.5x the regular rate
  • The salary threshold for exempt employees is the federal figure: $684/week ($35,568/year). Pennsylvania's own state-specific threshold (34 Pa. Code § 231.83) was rescinded in 2022, so Pennsylvania defaults to the federal level.
  • The 2024 federal Department of Labor rule that would have raised the threshold to $1,128/week ($58,656/year) was struck down by the U.S. District Court for the Eastern District of Texas in November 2024 (State of Texas v. DOL) and is no longer in force. Anyone quoting $58,656 as the live threshold is citing a vacated rule.
  • Pennsylvania does not require daily overtime

Rhode Island

Primary statute: R.I. Gen. Laws § 28-12-4.2 — Rhode Island overtime requirements

Rhode Island has its own overtime law that mirrors federal FLSA:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Rhode Island does not require daily overtime
  • Rhode Island mandates time-and-a-half pay on Sundays and holidays for certain retail workers (though this is being phased out)
  • Exemptions generally follow federal FLSA standards
  • The Rhode Island Department of Labor and Training enforces wage laws

South Carolina

Primary statute: SC Payment of Wages Act, S.C. Code § 41-10-10 et seq.

South Carolina has no state overtime law — workers rely entirely on federal FLSA protections:

  • Overtime is required after 40 hours per workweek at 1.5x under federal FLSA
  • SC does not add any state-level overtime requirements
  • SC does not require daily overtime
  • SC is one of few states with no state minimum wage or overtime law

South Dakota

Primary statute: SDCL § 60-11 — Wage Payment

South Dakota follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek under the FLSA
  • South Dakota does not have a separate state overtime statute — the federal FLSA applies
  • South Dakota does not require daily overtime
  • Agricultural and seasonal workers may be exempt
  • South Dakota's economy is heavily agricultural — many farm workers fall outside overtime protections

Tennessee

Primary statute: 29 U.S.C. § 207 — FLSA overtime (federal; no Tennessee state OT law)

Full Tennessee guide →

Texas

Primary statute: 29 U.S.C. § 207 (FLSA, applied through Tex. Labor Code Ch. 61)

Texas overtime is pure federal FLSA — 1.5× after 40 hours/week. File with TWC within 180 days or use the federal 2-year DOL window. Both tracks run independently and recover 100% liquidated damages plus mandatory attorney's fees in private suits.

Full Texas guide →

Utah

Primary statute: Utah Payment of Wages Act — Utah Code § 34-40

Utah follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek under the FLSA
  • Utah does not have a separate state overtime statute — the federal FLSA applies
  • Utah does not require daily overtime
  • Exemptions follow federal FLSA standards
  • Utah's tech industry (Silicon Slopes) and outdoor recreation sectors employ many salaried workers who should verify their exemption status

Vermont

Primary statute: 21 V.S.A. § 383 — Vermont wage payment requirements

Vermont follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • Vermont does not have a separate state overtime statute beyond the FLSA
  • Vermont does not require daily overtime
  • Exemptions generally follow federal FLSA standards
  • Vermont's economy includes tourism, agriculture, and technology — exemptions vary by sector

Virginia

Primary statute: Va. Code § 40.1-29.2 (VA Overtime Wage Act)

Virginia enacted its own overtime law — the Virginia Overtime Wage Act (VOWA) — effective July 1, 2021:

  • VOWA provides state-level overtime protections independent of the federal FLSA
  • Overtime is required after 40 hours per workweek at 1.5x the regular rate
  • Virginia does not require daily overtime
  • VOWA applies to employees covered by the FLSA, providing an additional state remedy
  • Virginia allows employees to bring private lawsuits for unpaid overtime with potential recovery of liquidated damages, prejudgment interest, and attorney fees
  • The statute of limitations under VOWA is 2 years (3 years for willful violations), as amended by HB 1173 effective July 1, 2022

Washington

Primary statute: RCW 49.46.130

Washington has strong overtime protections that go beyond federal law:

  • Overtime is required after 40 hours per workweek at 1.5x the regular rate
  • Washington agricultural workers gained overtime rights through the 2021 Engrossed Substitute House Bill 1087 — phasing in overtime for agricultural workers (40-hour threshold by 2024)
  • Washington's overtime salary threshold for exempt employees is tied to the state minimum wage and is significantly higher than the federal threshold (1.75x the state minimum wage for large employers)
  • Washington does not require daily overtime for most workers, but some collective bargaining agreements may provide it
  • Washington's Department of Labor & Industries (L&I) enforces overtime laws independently of federal DOL

West Virginia

Primary statute: W. Va. Code § 21-5C-1 et seq. — WV Minimum Wage and Maximum Hours Standards

West Virginia follows the federal FLSA for overtime and incorporates it through the WV Wage Payment and Collection Act:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek
  • West Virginia does not have a separate state overtime rate — the FLSA standard applies
  • Agricultural workers and certain seasonal workers may be exempt
  • West Virginia does not require daily overtime
  • The coal mining and energy sectors are significant employers — specific exemptions and rules may apply to these industries

Wyoming

Primary statute: Wyo. Stat. § 27-4-101 et seq. — Wyoming wage payment and overtime framework

Wyoming follows the federal FLSA for overtime requirements:

  • Overtime is required at 1.5x the regular rate after 40 hours per workweek under the FLSA
  • Wyoming does not have a separate state overtime statute — the federal FLSA applies
  • Wyoming does not require daily overtime
  • Oil/gas, mining, and agricultural workers have various exemptions
  • Wyoming's small workforce and resource-based economy mean many workers are in exempt industries

Overtime Pay by State

Every state has its own thresholds and procedures. Pick yours to see your state's exact rules, statutes, and local specifics.

You came here to know your rights — help someone else know theirs.

Support This Mission