Traliant Resources

traliant_logo

Overtime Requirements

State

Overtime Requirements

Alabama

Alabama has no generally applicable law governing overtime.

Alaska

Nonexempt employees must receive overtime pay of at least 1.5 times the employee’s regular rate for all hours worked over:

  • 8 hours in a workday or
  • 40 hours in a workweek.

Arizona

Arizona has no law related to overtime requirements for private employers.

Arkansas

Nonexempt employees who work more than 40 hours in a workweek receive overtime pay of 1.5 times the employee’s regular pay.

California

Nonexempt employees receive overtime pay of 1.5 times the employee’s regular rate for working:

  • more than 8 hours in a workday,
  • more than 40 hours in a workweek, or
  • the first 8 hours on a seventh consecutive day of work.


Additionally, employees receive overtime at double their regular rate for working more than 12 hours in a workday or any hours over 8 on the seventh consecutive day of work.

Colorado

Nonexempt employees receive overtime pay for working:

  • more than 12 hours in a workday,
  • 12 consecutive hours (even if over two workdays), or

more than 40 hours in a week.

Connecticut

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Delaware

Delaware has no generally applicable law governing overtime.

Florida

Florida has no generally applicable law governing overtime. 

Employees who perform manual labor receive overtime pay under certain circumstances.

Georgia

Georgia has no state law governing overtime.

Hawaii

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Idaho

Idaho has no state law related to overtime requirements for private employers.

Illinois

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

The overtime requirements are applicable to employers of four or more employees, excluding family members.

Indiana

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

The overtime requirements are applicable to employers of two or more employees.

Iowa

Iowa has no generally applicable law governing overtime.

Kansas

Nonexempt employees receive overtime pay for working more than 46 hours in a workweek.

Kentucky

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Louisiana

Louisiana has no state law governing overtime.

Maine

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Maryland

Most nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Specific overtime requirements apply to agricultural employees and employees of bowling establishments or infirmaries.

Massachusetts

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Michigan

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Minnesota

Generally, nonexempt employees must receive overtime pay working over 48 hours in a workweek.

Healthcare facilities may choose between paying overtime for all hours worked over:

  • 48 hours in a workweek, or
  • 80 hours in a 14-day work period, if the employer and employee agree.

 

Retail or service establishments are not required to pay overtime for time worked over 48 hours in a workweek if:

  • the employee’s regular rate of pay is more than 1.5 times Minnesota’s minimum wage; and
  • more than half of the employee’s pay for a representative period of at least one month is commissions for goods or services.

Mississippi

Mississippi has no state law governing overtime.

Missouri

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Specific overtime requirements apply to employees of seasonal amusement or recreational establishments.

Montana

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Nebraska

Nebraska has no law related to overtime requirements for private employers.

Nevada

Nonexempt employees whose regular pay is less than 1.5 times Nevada’s minimum wage must receive overtime for working:

  • more than 8 hours in a workday unless the employer and employee have agreed to a schedule where the employee works 10 hour shifts on 4 calendar days in a work week, or
  • more than 40 hours a week.


Nonexempt employees whose regular pay is at least 1.5 times Nevada’s minimum wage receive overtime pay for working more than 40 hours in any workweek.

New Hampshire

If an employer is not covered under the FLSA, employees receive overtime pay for working more than 40 hours in a workweek.

Seasonal employees are not eligible for overtime pay.

New Jersey

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

New Mexico

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

New York

Nonexempt employees who do not live in the employer’s facilities receive overtime pay for working more than 40 hours in a workweek. 

Specific overtime requirements apply to farm laborers and employees who live on the employer’s premises.

North Carolina

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

North Dakota

Most nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Specific overtime requirements apply to taxi drivers and employees of hospitals and residential care facilities.

Ohio

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Oklahoma

Oklahoma has no state law governing overtime.

Oregon

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Pennsylvania

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Rhode Island

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek

South Carolina

South Carolina has no state law governing overtime.

South Dakota

South Dakota has no generally applicable law governing overtime.

Tennessee

Tennessee has no law related to overtime requirements for private employers.

Texas

Texas has no state law governing overtime.

Utah

Utah has no overtime requirements except as to employees working on public works projects, who receive overtime pay for working more than 40 hours in a workweek.

Vermont

Vermont employers with two or more employees must pay overtime for hours worked over 40 in a workweek.

Vermont exempts the following employers from overtime requirements:

  • Retail or service establishments
  • Hotels, motels, or restaurants
  • Certain hospitals, public health centers, nursing homes, maternity homes, therapeutic community residences, and residential care homesThe State and political subdivisions of the State
  • Certain amusement or recreational establishments.

Virginia

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Washington

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Employers may grant compensatory time off instead of overtime pay, if the employee requests it.

West Virginia

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Wisconsin

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Wyoming

Wyoming has no overtime requirements generally applicable to private employers. Laborers, workmen, or mechanics on any public works project receive overtime pay for working:
  • More than 8 hours in a workday, or
  • More than 40 hours in a workweek.

Washington, D.C.

Nonexempt employees receive overtime pay for working more than 40 hours in a workweek.

Puerto Rico

Nonexempt employees receive overtime pay for all hours worked over 8 hours per day.

Nonexempt employees receive 2 times their regular rate of pay for all hours worked over 40 per week and on statutory rest days.

Virgin Islands

Most nonexempt employees receive overtime pay for working:

  • more than 8 hours in a workday,
  • more than 40 hours in a workweek, or
  • any hours on a 6th and/or 7th consecutive workday*.

*Note: A tourist and restaurant industry nonexempt employee would not receive overtime pay for working a 6th consecutive day if the employee does not exceed 40 hours of work in that work week.

The information contained on this page is for informational purposes only.
It does not, and is not intended to, constitute legal advice.