United States7 min readSources: DOL, labor.alaska.gov, www.dir.ca.gov, cdle.colorado.gov, dol.ks.gov, www.maine.gov, www.dli.mn.gov, www.leg.state.nv.us, dol.ny.gov, www.lni.wa.gov, lni.wa.gov

Overtime laws by state: daily overtime, seventh-day rules and salary thresholds

Short answer

Federal law requires time and a half after 40 hours in a workweek, with no daily limit. A few states go further: California, Alaska and Nevada pay overtime after 8 hours in a day, Colorado after 12, and California adds seventh-day rules. Several states also set exempt salary thresholds above the federal $684 a week.

Enter the rate and hours, including daily overtime and double time, and get gross pay for the week.

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Published November 2, 2026 · Approved by PayDocs, November 2, 2026 · How we check facts

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Most of the US follows the federal Fair Labor Standards Act and nothing more. Where a state rule is more generous to the employee, the employer has to follow it as well. The table below lists the state rules beyond the FLSA we could confirm from each state's own labor department or statute on 13 October 2026.

The federal rule: 40 hours in a workweek

The Department of Labor's Fact Sheet #23 says covered, non-exempt employees must get overtime at not less than one and one-half times their regular rate for hours worked over 40 in a workweek. A workweek is a fixed, recurring period of 168 hours, and each week stands alone: you can't average two weeks. The FLSA doesn't require overtime for long days, weekends or holidays as such.

Salaried executive, administrative and professional employees can be exempt if they meet the duties tests and are paid on a salary basis. The Department of Labor's Fact Sheet #17G gives the federal salary level as at least $684 a week. Some states set a higher level, shown in the table.

State overtime rules beyond federal law

State overtime rules read from each state's labor department or statute on 13 October 2026
State	Daily or other overtime	Exempt salary threshold	Source
Alaska	1.5x after 8 hours in a day as well as after 40 in a week, for employers with 4 or more employees	Check with the state	Alaska Department of Labor
California	1.5x after 8 hours in a day (up to 12) and for the first 8 hours on the seventh consecutive day; 2x after 12 hours in a day and after 8 on the seventh day	$70,304 a year in 2026 and $72,384 from January 1, 2027	California DIR
Colorado	1.5x after 12 hours in a day or 12 consecutive hours, as well as after 40 in a week, whichever pays more	$57,784 a year in 2026 (updated yearly)	Colorado CDLE
Kansas	1.5x after 46 hours in a week, only for employers not covered by the FLSA	No state threshold	Kansas Department of Labor
Maine	1.5x after 40 hours in a week	$905.79 a week ($47,101.08 a year) from January 1, 2027	Maine Department of Labor
Minnesota	1.5x after 48 hours in a week under state law; the FLSA's 40 hours where it applies	Check with the state	Minnesota DLI
Nevada	1.5x after 8 hours in a workday for employees paid less than 1.5 times the state minimum wage, unless a 4×10 schedule is agreed	Check with the state	NRS 608.018
New York	1.5x after 40 hours in a week	$1,275 a week in New York City, Long Island and Westchester; $1,199.10 a week elsewhere (2026)	New York DOL
Washington	1.5x after 40 hours in a week; no daily overtime	From January 1, 2027: $1,773 a week (51 or more employees) or $1,595.70 a week (50 or fewer)	Washington L&I

Each row is the core rule only; every state has exemptions by industry and job. States not listed follow the federal 40-hour rule as far as we could confirm, but some have rules for specific industries. Check your state labor department before setting a schedule.

Daily overtime: California, Alaska, Nevada and Colorado

California's Labor Commissioner says non-exempt employees get time and a half for hours over 8 in a workday and over 40 in a workweek, and double time for hours over 12 in a workday. Alaska's statute pays time and a half after 8 hours in a day or 40 in a week; it doesn't apply to employers with fewer than four employees. Colorado's COMPS Order uses 12 hours in a day or 12 consecutive hours, so an ordinary 10-hour shift doesn't trigger it.

Nevada's daily rule depends on pay. Under NRS 608.018, an employee who earns less than one and one-half times the state minimum wage is owed overtime after 8 hours in a workday; above that rate, only the 40-hour weekly rule applies. Employer and employee can agree in advance to four 10-hour days without daily overtime.

Worked example: four 10-hour days

An hourly employee paid $20 works four 10-hour days, Monday to Thursday: 40 hours in the week.

Weekly pay for four 10-hour days at $20 an hour
Rule	Straight time	Overtime	Gross pay
Federal (FLSA) only	40 hours × $20 = $800	None (not over 40)	$800
California	32 hours × $20 = $640	8 hours × $30 = $240	$880
Alaska (4 or more employees)	32 hours × $20 = $640	8 hours × $30 = $240	$880
Colorado	40 hours × $20 = $800	None (no day over 12)	$800

The two daily hours after 8 on each day are overtime in California and Alaska, even though the week is only 40 hours. California allows employers to adopt an alternative workweek schedule of four 10-hour days through a formal process; without one, the daily rule applies. The overtime calculator does the sums for any mix of daily and weekly hours.

Seventh-day and other weekly rules

California is the clearest seventh-day state: the first 8 hours on the seventh consecutive day of work in a workweek are paid at time and a half, and hours after 8 on that day at double time. Kansas and Minnesota use longer weekly limits (46 and 48 hours) for employers the FLSA doesn't reach; employers covered by the FLSA still pay after 40.

Salary thresholds for exempt employees

Paying a salary doesn't make an employee exempt. The employee must meet the duties test and earn at least the higher of the federal level and the state level. California's threshold is twice the state minimum wage for full-time work: $72,384 from January 1, 2027, according to the Department of Industrial Relations. Washington's 2027 thresholds are 2.5 times the state minimum wage for employers with 51 or more employees and 2.25 times for smaller ones. New York's rises with its minimum wage, and Maine's 2027 level is $905.79 a week.

Check thresholds every January, because most of them move with the state minimum wage. An employee who was exempt in December can become non-exempt on January 1 without any change to their job.

Where PayDocs fits

PayDocs makes pay stubs with separate lines for regular hours, overtime and double time, each with its own rate, so the employee can see how daily overtime was paid. PayDocs works out federal income tax, Social Security, Medicare and supported state taxes for 2026 pay dates (see what we calculate). Every line is editable, and the preview is free.

This is general information, not legal or tax advice. Rules change and have exceptions; the agency linked in each row has the official version.

How to calculate overtime pay, step by step Exempt vs non-exempt: who gets overtime See prices

Questions

Which states have daily overtime?

California, Alaska and Nevada pay overtime after 8 hours in a day, with conditions: Alaska only for employers with four or more employees, Nevada only for employees paid under 1.5 times the minimum wage. Colorado pays overtime after 12 hours in a day.

Is overtime required on weekends or holidays?

Not under federal law. The FLSA counts hours in the workweek, not which days they fall on. California's seventh-consecutive-day rule is the main exception: the seventh straight workday in a workweek is paid at premium rates.

If state and federal overtime rules differ, which applies?

Both apply, and the employee gets whichever rule pays more for the week. That's why a California employee working four 10-hour days earns overtime even though the federal rule pays none.

Can I give comp time instead of overtime pay?

Private employers generally can't. Colorado and Alaska both say comp time can't replace overtime pay, and the Department of Labor says overtime earned in a workweek must generally be paid on the regular payday for that period.