Is Overtime Over 8 Hours a Day or 40 Hours a Week?
The federal answer is simple. Your state may change it. Test your own week and see the difference in pay.
The short answer
Federal overtime starts after 40 hours in a workweek, not after 8 hours in a day. California, Alaska and Colorado (after 12 hours) add daily overtime, and Nevada does for employees paid under $18 an hour. Overtime pay is 1.5 times your regular rate.
- The same 45-hour week at $17 an hour pays $807.50 under the federal rule, $833.00 in California, $824.50 in Alaska and $807.50 in Colorado.
- California pays double time after 12 hours a day and for hours past 8 on the 7th straight day of a workweek.
- Overtime is counted per workweek, not per pay period, and no hour is paid a premium twice.
On this page
Who gets overtime after 8 hours, and who only after 40?
Under federal law, overtime starts after 40 hours in a workweek, not after 8 hours in a day. A few states add daily overtime, including California, Alaska, Nevada (for lower-paid workers) and Colorado (after 12 hours).
| Rule | Overtime starts | Rate | Who it covers |
|---|---|---|---|
| Federal (FLSA) | Over 40 hours in the workweek | 1.5x regular rate | Most non-exempt employees in the U.S. |
| California | Over 8 hours in a day, over 40 in a week, and the 7th straight day | 1.5x. 2x after 12 hours a day, and after 8 hours on the 7th day | Most non-exempt employees |
| Alaska | Over 8 hours in a day or over 40 in a week | 1.5x | Most employees. Employers with fewer than 4 employees are exempt |
| Colorado | Over 40 a week, over 12 a day, or over 12 straight hours, whichever gives more overtime | 1.5x | Most non-exempt employees |
| Nevada | Over 8 hours in a 24-hour period, and over 40 a week | 1.5x | Daily rule applies only to employees paid under $18.00/hour (from July 1, 2026) |
| Oregon manufacturing | Over 10 hours a day or 40 a week, whichever gives more | 1.5x | Manufacturing establishments (hour caps also apply) |
| Kentucky | 7th consecutive day in a workweek | 1.5x | Not if the employee works 40 hours or fewer in the week |
| Federal government (Title 5) | Over 8 hours a day or 40 a week for covered employees | 1.5x | Federal civil-service employees (5 CFR 550.111) |
| Hospitals and care homes with 8 and 80 | Over 8 a day or 80 in 14 days | 1.5x | Employers that choose the system by agreement. See our guide to 8 and 80 |
Every other state follows the federal 40-hour rule unless it has its own law or you have a contract. Check your state labor department.
The federal rule: the 40-hour workweek
The Fair Labor Standards Act sets overtime at 1.5 times your regular rate for hours over 40 in a workweek. A workweek is a fixed, recurring period of 168 hours, seven days in a row. It can start on any day and any time, but the employer must pick it and stick to it.
Three things follow from that:
- No daily overtime federally. A 12-hour Tuesday does not by itself trigger overtime, if the week stays at 40 hours or less.
- No averaging across weeks. 30 hours one week and 50 the next is still 10 hours of overtime, even if it averages to 40.
- It is the week, not the pay period. A biweekly “80 hours” is not the rule for most jobs. Pay periods only decide when overtime is paid. See biweekly vs. semi-monthly pay, and our guide to workweeks that cross two pay periods.
The states that add daily overtime
California Strictest
1.5x after 8 hours a day, double time after 12. On the 7th straight day in a workweek, the first 8 hours are 1.5x and anything beyond is 2x.
Alaska 8 and 40
1.5x after 8 hours a day and after 40 a week. Employers with fewer than 4 employees are exempt.
Colorado 12-hour day
1.5x after 40 a week, 12 in a day, or 12 consecutive hours, whichever gives more overtime.
Nevada Pay-based
Daily overtime after 8 hours in 24 only for employees paid under $18.00 an hour (1.5 times the $12 minimum wage) from July 1, 2026. Weekly overtime after 40 applies to all covered employees.
Oregon Manufacturing
Over 10 hours a day or 40 a week, whichever is greater, in manufacturing, with daily and weekly hour caps.
Kentucky 7th day
Overtime for the 7th consecutive day in a workweek, unless the employee’s hours are limited to 40 or fewer in that week.
The same hours can give a different paycheck in each state. The next section shows how.
Try your week
Enter hours worked on each day of one workweek. Day 1 is the first day of your employer’s workweek. The starting numbers are the example week below.
The same week, six different paychecks
Take a worker at $17.00 an hour with a long Wednesday: 10, 6, 13, 8, 8 hours Monday to Friday, 45 hours total. Here is the pay under each rule.
| Rule | Regular hours | 1.5x hours | 2x hours | Pay at $17/h |
|---|---|---|---|---|
| Federal (FLSA) | 40 | 5 | 0 | $807.50 |
| California | 38 | 6 | 1 | $833.00 |
| Alaska | 38 | 7 | 0 | $824.50 |
| Colorado | 40 | 5 | 0 | $807.50 |
| Nevada, under $18/h | 38 | 7 | 0 | $824.50 |
| Oregon manufacturing | 40 | 5 | 0 | $807.50 |
Overtime myths
MythOvertime starts after 8 hours a day everywhere.
FactFederal law has no daily overtime. Only some states do.
Myth12 hours in a day is always overtime.
FactNot federally. In California it is overtime past 8 and double time past 12. In Colorado it is overtime past 12.
MythOvertime is calculated over a biweekly pay period.
FactIt is calculated per workweek. Hospitals using 8 and 80 are the exception.
MythSalaried means no overtime.
FactExempt status needs both a minimum salary and qualifying job duties. Many salaried workers still earn overtime.
MythEmployers can refuse overtime pay for unauthorized hours.
FactIf you worked the hours, they must be paid. Discipline is a separate matter.
What counts as hours worked?
Overtime is based on hours worked, so what counts matters as much as the trigger. Paid short breaks count. Fully relieved 30-minute meal periods do not. Work you do during an “unpaid” lunch does count. Read our guide on how many breaks you get in an 8-hour shift for the break rules by state.
Paid time off, such as vacation, holidays and sick leave, generally does not count as hours worked for federal overtime, though some states and employers count it. If you work in a hospital or care facility that uses the 8 and 80 system, read 8 and 80 vs. 12-hour shifts.
Check your overtime pay
Enter a week of hours and your rate to see regular, overtime and double-time pay. Free, and nothing you type leaves your browser.
Frequently asked questions
Is overtime after 8 hours a day or 40 hours a week?
Do you get overtime for working over 8 hours in a day?
Is overtime calculated daily or weekly?
What states require daily overtime?
Do you get overtime for working 12 hours in a day?
Can my employer make me work overtime?
Do breaks count as hours worked for overtime?
Official sources
The regulations and fact sheets below were opened and read on 28 Oct 2026. The example week and the comparison are our own calculations, using the rules in the table above, with no double counting of overtime hours. Colorado’s rule for 12 consecutive hours across midnight is not modelled in the example. The next check is due by 28 Apr 2027, or sooner if a rule changes.
- DOLFact Sheet #23 — Overtime Pay Requirements of the FLSA
- CACalifornia DIR — Overtime worksheet
- AKAlaska Department of Labor — Wage and Hour Act
- COColorado CDLE — COMPS Order, 2026 poster (daily and weekly overtime)
- NVNevada Labor Commissioner — 2026 annual bulletin, daily overtime and minimum wage
- OROregon BOLI — Overtime in manufacturing and canneries
- KYKentucky Revised Statutes 337.050
- CFR5 CFR § 550.111 — Authorization of overtime pay
Results and examples on this page are estimates, not legal, tax, payroll or financial advice. Entitlement depends on the state, your classification, your employer and any contract, so confirm with your state labor department for your own case. See the disclaimer. Found a mistake? Tell us.