[US] Overtime guidelines (
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Different situations and industries may be subject to different overtime guidelines and requirements. Contact a payroll expert if you are unsure of the overtime rules applicable to your business.
Employers must follow the Federal Fair Labor Standards Act (FLSA), and any state and local regulations. If state or local overtime rules differ from the FLSA, follow what benefits the employee the most.
Federal FLSA general overtime rules
For more information on state-specific overtime requirements, see the government resource, State Minimum Wage Laws, or find your state below:
Alaska
Under the Alaska Wage and Hour Act, nonexempt employees receive overtime pay if they meet one of the following requirements:
- Work more than 40 hours in a workweek
- Work more than 8 hours in a day
This does not apply to employers who typically employ fewer than four employees. For a full list of additional exemptions, see this government resource: Minimum wage standard and overtime hours.
California
Overtime is required for non-exempt employees for any hours worked beyond:
- 40 hours in a workweek
- 8 hours in a workday
- 6 days in a workweek
Employers must give employees double their regular pay for any hours worked beyond:
- 12 hours in workday
- 8 hours on the seventh consecutive day of work in a workweek
Enter overtime hours into the employee's timesheet under Double Time. Wave automatically calculates the rate.
California has exceptions to the general overtime law and exemptions from overtime laws. Learn more in this government resource: Overtime.
Colorado
Employers must provide overtime to non-exempt employees for any time worked beyond:
- 40 hours in a workweek
- 12 hours in a workday
- 12 consecutive hours without regard to the starting and ending time of the workday
Overtime must be calculated based on whichever results in the greatest amount owed. Learn more in this government resource: Overtime – Department of Labor & Employment.
Kansas
If not covered by the FLSA, Kansas law requires overtime pay for non-exempt employees working over 46 hours in a workweek. Learn more in this government resource: Workplace laws and requirements FAQs.
Kentucky
If an employee must work 7 days in any workweek, the employee is entitled to overtime at 1.5 times the regular pay rate for the seventh day worked. This does not apply to employees who aren’t permitted to work more than 40 hours in a workweek.
Learn more in these government resources: Kentucky workplace poster and Wages and Hours – Labor Cabinet – Kentucky.
Minnesota
If not covered by the FLSA, Minnesota’s Fair Labor Standards Act may apply. The act states that employers must provide overtime for hours worked over 48 hours in a workweek.
Learn more in this government resource: A guide to Minnesota's overtime laws.
Nevada
Nevada’s overtime rules vary based on an employee’s hourly wage.
If an employee earns less than 1.5 times the minimum wage, they must be paid overtime if they work more than 8 hours in a 24-hour period, unless they’ve agreed to work four 10-hour days.
Otherwise, overtime is required only after 40 hours worked in a workweek.
Learn more in this government resource: Frequently asked questions.
New York
Employees who are exempt from overtime under the FLSA may be covered by the state law. In New York, state law requires overtime pay at 1.5 times the state minimum wage for any hours worked over 40 in a workweek.
Learn more in this government resource: Get details on labor standards.
Pennsylvania
Employees who are not exempt from state law or the FLSA are entitled to overtime pay at no less than 1.5 times their regular hourly rate for hours worked over 40 in a workweek.
Learn more in this government resource: Overtime rules in Pennsylvania.
Vermont
If not federally regulated, Vermont’s overtime law applies to employers with two or more employees.
Covered employees must receive at least 1.5 times the regular wage rate for hours worked over 40 in a workweek. Learn more in this government resource: A summary of Vermont wage and hour laws.
Washington
Washington has special rules for certain public works projects, while cities within Washington may also have additional rules.
Most employees are entitled to overtime pay after working 40 hours per week, but there are certain employees who are not required to receive overtime. Learn more in this government resource: Overtime and exemptions.
West Virginia
If not covered under the FLSA, follow state guidelines if the following apply:
- The business does not qualify for federal enterprise coverage
- 80% of the company’s employees do not qualify individually for federal overtime coverage based on work duties considered as interstate commerce activity
- The business has the required 6 nonexempt employees working in a permanent business location
State law mandates that non-exempt employees receive overtime pay for all hours worked beyond 40 in a single, consecutive 7-day workweek. Learn more in this government resource: West Virginia Division of Labor state overtime requirements..
