A 10-hour shift in Fresno pays differently than a 10-hour shift in Dallas, even at the same hourly rate. California, Alaska, Nevada, Colorado, and Oregon all impose daily overtime requirements that go beyond the federal baseline of time-and-a-half after 40 hours in a week. In those states you can earn premium pay even when your weekly hours stay under 40.
Federal vs State Overtime: Which Applies?
The Fair Labor Standards Act sets the federal floor: time-and-a-half after 40 hours in a workweek. States can and do add stricter requirements on top.
When both a state rule and the FLSA rule apply, you get the standard that pays more. The FLSA explicitly says it does not preempt state laws that provide greater worker protections. That is not a courtesy. It is the law.
Which rule applies to you? The state where you perform the work. A worker in Nevada logging in remotely for a Texas company follows Nevada overtime law. That default has held through the remote-work shift and matters more than ever in 2026.
When the state rule wins
Daily overtime. Double time. Seventh-day premiums. All of these come from state law, not from Washington. If your state has none of those, the FLSA weekly rule is your only protection.
When the FLSA is all you have
Most states follow the federal standard exactly. In Texas, Florida, Illinois, Pennsylvania, and Ohio you earn overtime only after 40 hours in a workweek. Work 45 hours, you get 5 hours of overtime. Work two 9-hour days and stay under 40 for the week, you get nothing extra.
The remote-work trap
A company headquartered in a federal-only state that hires remote staff in California or Colorado must follow the worker's state rules. Many employers skip this step. Wage claims follow.
States with Daily Overtime Requirements
Six states require daily overtime. The federal government does not. In these states your overtime clock resets every single day. Work 9 hours on Monday and 9 hours on Tuesday and you have already earned 2 hours of overtime, even if you take Friday off.
California
California is the strictest overtime state in the country.
Daily overtime kicks in after 8 hours at 1.5 times the regular rate. After 12 hours in a day the rate jumps to double time. Weekly overtime still applies after 40 hours at 1.5 times. On a seventh consecutive workday the first 8 hours pay at 1.5 times and anything beyond 8 hours pays double.
Alternative workweek schedules let employees vote to adopt a four-day, 10-hour schedule without daily overtime. The proposal must pass by a two-thirds vote of the affected work unit in a secret ballot election. That exception is real but narrow.
For a full breakdown, see the California overtime calculator guide.
Alaska
Alaska requires daily overtime after 8 hours at 1.5 times, plus weekly overtime after 40 hours. Employers must pay under whichever threshold produces the higher amount.
Alaska prohibits pyramiding: you cannot count the same hours under both the daily and weekly rules. Hours qualify once, and the employer pays the higher applicable rate without stacking.
A daily overtime exemption exists for workers under an approved flexible work schedule. Confirm eligibility with the Alaska Department of Labor before relying on it.
Nevada
Nevada's daily overtime rule applies only to workers earning less than 1.5 times the state minimum wage. Earn above that band and daily overtime drops off under state law.
The 2024 ballot measure, Question 6, removed daily overtime for certain workers. As of 2026 the daily threshold remains pegged to the state minimum wage, with the exemption cutting in above 1.5 times that rate. Check the Nevada Labor Commissioner's published wage orders for the current dollar figure.
Weekly overtime after 40 hours still covers all non-exempt staff regardless of wage level.
Colorado
Colorado has no 8-hour daily trigger. Instead the state requires overtime after 12 hours in a day at 1.5 times, plus weekly overtime after 40 hours.
The state also mandates a rest period: at least 30 consecutive hours off per week. Employers cannot require work during that rest period without proper compensation.
Oregon
Oregon follows the federal weekly standard for most workers: 1.5 times after 40 hours. The critical exception is manufacturing.
In Oregon manufacturing establishments, daily overtime kicks in after 10 hours at 1.5 times. That sits on top of the weekly rule. A manufacturing worker who logs 11 hours on Monday and 30 hours across the rest of the week earns 1 hour of daily overtime even though weekly hours stay under 40.
Agricultural overtime rules have separate phase-in thresholds that vary by employer size. Confirm your crop and employer category with the Oregon Bureau of Labor and Industries.
New York
New York follows the federal weekly standard. No daily overtime requirement exists for most workers.
The hospitality industry gets a unique "spread of hours" rule. When a hospitality worker's workday spans more than 10 hours from the start of the first shift to the end of the last, the employer must pay an additional hour at the state minimum wage. This applies even if the worker did not clock 10 full hours of work.
Spread-of-hours pay is separate from overtime. It is not time-and-a-half. It is one extra hour at the base minimum wage, and it covers tipped staff too.
States Following Federal Rules Only
Most states stick to the FLSA baseline: 1.5 times after 40 hours in a week, no daily trigger. That includes Texas, Florida, Illinois, Pennsylvania, Ohio, and dozens more.
"Following federal rules" does not mean these states have no overtime laws. Many run their own enforcement agencies, set their own penalty provisions, and impose different statutes of limitations for wage claims. Some carve out industry-specific rules for agriculture or domestic work.
State-by-State Quick Reference Table
| State | Daily Overtime | Weekly Overtime | Double Time | Notes |
|---|---|---|---|---|
| California | Yes, after 8 hrs at 1.5x; after 12 hrs at 2x | Yes, after 40 hrs at 1.5x | Yes, after 12 hrs/day | 7th consecutive day rules |
| Alaska | Yes, after 8 hrs at 1.5x | Yes, after 40 hrs at 1.5x | No | No pyramiding |
| Nevada | Yes, after 8 hrs at 1.5x (wage-dependent) | Yes, after 40 hrs at 1.5x | No | Threshold tied to 1.5x state minimum wage |
| Colorado | Yes, after 12 hrs at 1.5x | Yes, after 40 hrs at 1.5x | No | 30-hour rest period required |
| Oregon | Manufacturing: after 10 hrs at 1.5x | Yes, after 40 hrs at 1.5x | No | Agricultural rules differ |
| New York | No | Yes, after 40 hrs at 1.5x | No | Hospitality spread-of-hours rule |
| All others | No | Yes, after 40 hrs at 1.5x | No | Federal standard applies |
How to Calculate Your Overtime
The math is straightforward once you know your trigger. Every example below uses the FLSA formula: base pay for the first 40 hours, then 1.5 times the base rate for every hour beyond 40. These figures are worked examples at time-and-a-half over 40 hours. The overtime multiplier is set by law; confirm your state's specific threshold with your state labor department.
At $15 an hour
- 40 hours: 40 base hours ($600.00) + 0 overtime hours at $22.50 ($0.00) = $600.00
- 45 hours: 40 base hours ($600.00) + 5 overtime hours at $22.50 ($112.50) = $712.50
- 50 hours: 40 base hours ($600.00) + 10 overtime hours at $22.50 ($225.00) = $825.00
- 60 hours: 40 base hours ($600.00) + 20 overtime hours at $22.50 ($450.00) = $1,050.00
At $20 an hour
- 40 hours: 40 base hours ($800.00) + 0 overtime hours at $30.00 ($0.00) = $800.00
- 45 hours: 40 base hours ($800.00) + 5 overtime hours at $30.00 ($150.00) = $950.00
- 50 hours: 40 base hours ($800.00) + 10 overtime hours at $30.00 ($300.00) = $1,100.00
- 60 hours: 40 base hours ($800.00) + 20 overtime hours at $30.00 ($600.00) = $1,400.00
At $25 an hour
- 40 hours: 40 base hours ($1,000.00) + 0 overtime hours at $37.50 ($0.00) = $1,000.00
- 45 hours: 40 base hours ($1,000.00) + 5 overtime hours at $37.50 ($187.50) = $1,187.50
- 50 hours: 40 base hours ($1,000.00) + 10 overtime hours at $37.50 ($375.00) = $1,375.00
- 60 hours: 40 base hours ($1,000.00) + 20 overtime hours at $37.50 ($750.00) = $1,750.00
At $35 an hour
- 40 hours: 40 base hours ($1,400.00) + 0 overtime hours at $52.50 ($0.00) = $1,400.00
- 45 hours: 40 base hours ($1,400.00) + 5 overtime hours at $52.50 ($262.50) = $1,662.50
- 50 hours: 40 base hours ($1,400.00) + 10 overtime hours at $52.50 ($525.00) = $1,925.00
- 60 hours: 40 base hours ($1,400.00) + 20 overtime hours at $52.50 ($1,050.00) = $2,450.00
Daily overtime states
For daily overtime states the arithmetic is identical but the trigger changes. Instead of asking "did I exceed 40 hours this week?" ask "did I exceed 8 hours today?" Each day stands alone. The base rate and the 1.5 multiplier stay the same.
Common Mistakes and Misconceptions
"Salaried staff don't get overtime." Only exempt salaried staff are excluded. Non-exempt salaried workers must receive overtime. The salary level test ($844 per week as of July 2024) is one part of the analysis. The duties test matters just as much.
"Overtime always starts after 40 hours." Not in daily overtime states. California, Alaska, Nevada, Colorado, and Oregon all have daily triggers.
"Holiday pay counts toward my 40 hours." It does not. Only hours actually worked count toward the trigger. Holiday pay, vacation pay, and sick pay are excluded under federal rules.
"Double time is a federal requirement." It is not. Federal law requires only time-and-a-half. Double time is state-specific, and California mandates it broadly.
"Part-time staff can't earn overtime." Any non-exempt worker who exceeds the applicable trigger earns overtime, regardless of part-time status.
"Overtime is taxed at a higher rate." Overtime is taxed as ordinary income at the same marginal rate. A single paycheck with heavy overtime may have more tax withheld because IRS withholding tables treat that paycheck as if it represents your annual income. Your actual tax liability depends on total annual earnings.
"My employer can give me comp time instead of cash." In the private sector, no. The FLSA requires cash payment. Public-sector workers may receive compensatory time off at 1.5 times under certain conditions.
Exempt vs. Non-Exempt: The Salary Level
The July 2024 salary level of $844 per week ($43,888 annual) was set by the Department of Labor. A further increase was scheduled but blocked by a federal court. Confirm the current figure with the DOL Wage and Hour Division before classifying anyone as exempt.
The duties test is equally important. Paying someone a salary does not make them exempt. Their primary duties must be executive, administrative, professional, computer-related, or outside sales. For more detail, see the guide on exempt vs non-exempt employees.
What About Remote and Multi-State Work?
Working in State A for an employer in State B? State A's laws generally apply. That is where the work is performed. For multi-state workers the most protective standard may apply, or the state where the majority of work is performed.
This creates real complexity. A company in Texas with a remote worker in California must follow California overtime rules. Many employers do not, and wage claims follow.
Cross-border remote work adds another layer. A US worker living in Canada is generally subject to Canadian provincial rules where the work is performed. Confirm your province's threshold with the provincial employment standards office.
Final Checklist
- [ ] Know your state's daily overtime trigger, if any
- [ ] Know your state's weekly overtime trigger (40 hours is the federal standard)
- [ ] Verify whether you are exempt or non-exempt using both the salary level and duties tests
- [ ] Track hours worked daily, not just weekly
- [ ] Include all hours worked: short breaks count if you are not relieved of duty
- [ ] Check if your industry has special rules (hospitality, manufacturing, agriculture)
- [ ] Know whether your state requires double time
- [ ] Understand the spread-of-hours rule if you work in New York hospitality
- [ ] Confirm the current salary level for exemption with the DOL Wage and Hour Division
- [ ] Document your hours and your work location if you work remotely across state lines
The bottom line: overtime laws by state in 2026 are a patchwork. The federal standard is only the starting point. California is the strictest, with daily overtime, double time, and seventh-day rules. Alaska and Nevada also have daily overtime but with different triggers and conditions. Colorado and Oregon have their own quirks.
If you are unsure about your situation, check with your state's labor department. The cost of being wrong, as an underpaid worker or an employer underpaying staff, is too high.