Overtime Rules by State: 2026 Reference Guide
Most states follow the federal 40-hour rule, but California, Alaska, Nevada and Colorado add daily overtime. Several states set higher salary thresholds for exempt workers.
Federal law sets the baseline for overtime: 1.5× pay for hours over 40 in a workweek. But states can and do go further. Four states require overtime based on daily hours, not just weekly hours, and several states have set higher salary thresholds for exempt employees. Knowing your state's rules determines how much overtime you are actually owed.
States with daily overtime rules
Four states layer daily overtime requirements on top of the federal weekly rule: California: 1.5× for hours over 8 in a single workday; 2× (double time) for hours over 12 in a day; 1.5× for the first 8 hours on the 7th consecutive workday in a week; 2× for hours beyond 8 on the 7th consecutive day. California is the only state requiring double time. Alaska: 1.5× for hours over 8 in a day or over 40 in a week, whichever produces more pay. Nevada: 1.5× for hours over 8 in a day for employees earning less than 1.5× the state minimum wage (in 2026, employees earning below $18.00/hour). Colorado: 1.5× for hours over 12 in a day, in addition to the standard weekly 40-hour threshold.
In these states, an employee who works 9 hours a day, 5 days a week (45 total) may earn more overtime under the daily rule than under the federal weekly rule — the daily hours-over-8 trigger fires before the 40-hour weekly total is even reached. Switch your state in the overtime calculator to apply the correct rule automatically.
States with higher salary thresholds for exempt employees
Several states have set salary thresholds for overtime exemptions that exceed the federal $684/week floor: California: $1,352/week ($70,304/year) in 2026 — set at 2× the state minimum wage × 40 hours × 52 weeks. New York: $1,200/week ($62,400/year) in New York City, Long Island, and Westchester County; $1,161.65/week ($60,405.80/year) elsewhere in the state. Washington: $1,332.80/week ($69,305.60/year). Colorado: $1,057.69/week ($55,000/year). Maine: $816.35/week ($42,450/year). An employee earning $50,000 per year in California is non-exempt and entitled to overtime regardless of their job title — because their salary falls below the state threshold.
States without a state overtime law
Some states rely entirely on the FLSA and have no separate state overtime statute: Alabama, Florida, Georgia, Louisiana, Mississippi, South Carolina, and several others. Workers in those states are still fully protected by the federal 40-hour rule — they simply have no additional state layer of protection if federal law is satisfied.
Public sector: comp time instead of cash
State and local government employers operate under different rules. The FLSA permits public agencies to offer compensatory time off (comp time) at a rate of 1.5 hours per overtime hour, up to 240 accrued hours (480 hours for public safety, emergency, and seasonal workers). Private-sector employers have no equivalent right — they must pay overtime in cash.
Checking your state
For the exact daily rules, salary thresholds, and any sector-specific exceptions, use the state pages — each one lists the current minimum wage, overtime rule, and exempt salary threshold in one place. For workers in California, New York, or Washington especially, applying only the federal rules can significantly undercount the overtime you are owed.