Overtime Laws by State: Weekly, Daily and 7th Day Rules

Under federal law, overtime starts after 40 hours in a workweek and is paid at 1.5 times the regular rate (29 U.S.C. § 207(a)(1)). States can add to that. In the U.S. Department of Labor's state table (updated July 1, 2026, read on October 9, 2026), four states list daily overtime: Alaska, California, Colorado and Nevada, plus Puerto Rico and the U.S. Virgin Islands. Most other states list a weekly threshold of 40 hours, Minnesota lists 48, and 19 states have no overtime entry at all.

Below: the federal baseline, the four daily overtime rules, a full state table built only from what the DOL table says, and short sections on Texas, New York and Florida from official sources.

The federal rule applies first

The Fair Labor Standards Act (FLSA) sets the floor for employees it covers, in every state:

• Overtime is owed for hours over 40 in a workweek, at not less than 1.5 times the regular rate.
• There is no daily overtime and no double time in federal law.
• Each workweek stands alone. A workweek is a fixed, regularly recurring period of 168 hours, and hours are never averaged over two or more weeks (29 CFR 778.104).

A state law cannot take that away. It can only add to it, and the FLSA does not excuse anyone from a state law that sets a shorter maximum workweek (29 U.S.C. § 218(a)). In practice you calculate both and pay the result that is higher for each week.

Salaried exempt employees are not covered by these overtime rules, so check how your job is classified.

States with daily overtime

Daily overtime means overtime after a number of hours in one day, even when the week stays under 40. These are the four states with daily overtime in the DOL table, with the official source behind each rule:

A few details change results:

• California does not count hours already paid as daily overtime toward the 40, and it pays each hour once at the highest rate that applies. The full rules, with four worked examples, are in the California overtime law guide.
• Alaska also allows a voluntary flexible work hour plan approved by the state Department of Labor: a 10 hour day and 40 hour week with overtime after 10 hours a day.
• Nevada ties daily overtime to pay level. The DOL table lists the state minimum wage as $12.00 an hour (updated July 1, 2026), so the line sits at 1.5 x $12.00 = $18.00 an hour. Someone paid $18.00 or more only gets weekly overtime. Check the current minimum wage before you rely on that number, because it can change.
• Colorado pays whichever is higher for the week: the daily hours over 12 added up, or the weekly hours over 40.

Outside the 50 states, the DOL table lists daily overtime after 8 hours in Puerto Rico (plus the statutory rest day) and in the U.S. Virgin Islands (plus any hours on the 6th or 7th consecutive day of work).

One week under each daily rule

Same week everywhere: Monday to Thursday 10 hours a day, Friday 6 hours, 46 hours in total, after unpaid meal breaks. Overtime is 1.5x, so at $20 an hour it pays $30.

How California and Alaska get there: each 10 hour day has 2 hours of daily overtime, 8 hours in the week. The regular hours are 4 x 8 + 6 = 38, which is under 40, so there is no weekly overtime on top. Pay: 38 x $20 + 8 x $30 = $760 + $240 = $1,000.

The Nevada result changes with the rate. At $15 an hour, which is under $18.00, the daily rule applies: 38 x $15 + 8 x $22.50 = $570 + $180 = $750.00. The federal rule alone gives 40 x $15 + 6 x $22.50 = $600 + $135 = $735.00.

This is a calculation, not legal advice.

Overtime laws by state: the DOL table

The table below repeats what the U.S. Department of Labor's state table lists under "Premium Pay After Designated Hours" for each state, as read on October 9, 2026. The DOL notes that the overtime rate is 1.5 times the regular rate unless the entry says otherwise.

Count: 4 states with daily overtime, 26 states plus the District of Columbia with weekly over 40 only, Minnesota at 48, and 19 states with no entry.

"No entry" is not the same as "no state law". It means the DOL table shows nothing for that state. The table also leaves out local rules and rules for minors, and the DOL says individuals should "consult the relevant state labor office for official information". For any employee covered by the FLSA, the federal 40 hour rule still applies in all of these states.

Texas overtime laws

The DOL table lists no state overtime entry for Texas. It also says the Texas minimum wage law "excludes from coverage any employment that is subject to the federal Fair Labor Standards Act" and that Texas adopts the federal minimum wage of $7.25 an hour by reference (table updated July 1, 2026).

For an employee covered by the FLSA in Texas, that leaves the federal rule: overtime after 40 hours in a workweek at 1.5 times the regular rate, each week on its own, with no daily overtime. Ten hours on a Monday is not overtime unless the week goes over 40.

New York overtime laws

The New York State Department of Labor overtime FAQ (read October 9, 2026) says the state's overtime rules come from the Minimum Wage Orders and apply in addition to the FLSA:

• Most employees get 1.5 times their regular rate for hours over 40 in a workweek. Certain residential employees get it for hours over 44.
• Overtime is weekly. Working a longer day than usual does not by itself earn overtime.
• The workweek is a fixed, recurring period of 168 hours that can start on any day and at any hour. Hours cannot be averaged over two or more weeks.
• Some jobs that are exempt under the FLSA still get overtime under New York law, at 1.5 times the state minimum wage rather than the regular rate.
• The Labor Law does not require overtime pay for holiday, weekend or night work, and an employee cannot waive the right to overtime.

The FAQ's own example: 50 hours at $10 an hour is 40 x $10 = $400, plus 10 x $15 = $150, so $550 for the week.

The DOL table adds two New York rules: an extra hour of pay at the minimum wage rate when the spread of hours is over 10 or there is a split shift, and 24 consecutive hours of rest each week in some workplaces. It lists the New York minimum wage as $17.00 an hour in New York City, Nassau, Suffolk and Westchester counties and $16.00 in the rest of the state (updated July 1, 2026).

Florida overtime laws

The DOL table lists no state overtime entry for Florida and a state minimum wage of $14.00 an hour (updated July 1, 2026).

Florida's statutes do have one daily hours rule. Section 448.01 of the 2026 Florida Statutes says that 10 hours of labor is a legal day's work for a person employed to perform manual labor, unless a written contract signed by both sides sets a different number. Without such a contract, the worker is entitled to "extra pay" for work over 10 hours a day. The statute does not state a rate, so it is not a 1.5x daily overtime rule like California's.

For an employee covered by the FLSA in Florida, overtime is the federal 40 hour weekly rule.

How to calculate overtime for your state

1. Open the overtime calculator and pick a rule in the overtime panel: "U.S. federal (FLSA): over 40 hours a week", or one of the presets for California, Alaska, Nevada and Colorado. Other states can have their own rules; for a state with a different weekly threshold, such as Minnesota's 48, use "My own overtime thresholds".
2. Set the day your workweek starts so it matches your employer's workweek.
3. Enter start, end and unpaid meal break for each day. A shift that ends after midnight counts on the day it started.
4. Enter the hourly rate. You see regular hours, overtime and double time in hours and minutes and in decimal, and the gross pay. For Alaska there is a small employer switch, and for Nevada a minimum wage field you should check against the current amount.