top of page

States with Daily Overtime

States that require overtime pay based on hours in a day, not just 40+ hours per week

Alaska, California, Colorado, Nevada, and Puerto Rico have daily overtime.


  • Alaska: >8h/day

  • California: >8h/day, >12h/day, >6 days/week, >8h on the 7th consecutive day

  • Colorado: >12h/day

  • Nevada: >8h/day

  • Puerto Rico: >8h/day

Nonexempt workers in any state who work more than 40 hours in a work week must be paid overtime. Nonexempt workers are usually (but not always) paid by the hour. Overtime is paid at 1.5x their normal rate.


Alaska, California, Colorado, Nevada, and Puerto Rico require overtime pay in other circumstances based on how many hours worked in a day or how many days worked in a week. See the table below for the overtime requirements in each state.


In addition to the state requirements, many workers are paid overtime in situations beyond what is required by law either because of collective bargaining agreements (unions) or company policy.

State

Overview

More Information

>8 hours per day

If an employee works more than 8 hours in a day, they must be paid 1.5 times their regular pay for the extra time.

1.5x hourly rate for

  • >8 hours per day

  • >6 days per week

2x hourly rate for

  • >12 hours per day

  • >8 hours on the 7th consecutive workday

Work over 8 hours in a day or more than 6 days in a row is overtime:

  • 1.5 times your regular pay for any hours over 8 (up to 12) in a day and for the first 8 hours on your 7th workday in a row.

  • Double your regular pay for any hours over 12 in a day and for any hours over 8 on your 7th workday in a row.

>12 hours in a day or >12 consecutive hours

  • Work beyond 12 hours a day, or 12 hours in a row is paid at time and a half. Employers can’t average hours across weeks to avoid overtime, and they can’t give time off instead of paying overtime.

  • Salaried workers can still earn overtime.

>8 hours per day

If an employee works more than 8 hours in a day, they must be paid 1.5 times their regular pay for the extra time.

>8 hours per day

If an employee works more than 8 hours in a day, they must be paid 1.5 times their regular pay for the extra time.

Read more about meal and rest break requirements for hourly workers here.

Other Resources

bottom of page