Overtime Laws by State: Daily Overtime and Other Rules Beyond the Federal 40 Hours

Do states have their own overtime laws?

Yes, some do. The federal Fair Labor Standards Act sets the floor: covered employees get at least one and a half times their regular rate for hours over 40 in a workweek. The Act also says it does not excuse noncompliance with a state or federal law that sets a stricter standard, so where a state requires more, the state rule applies as well. Most states add nothing, and the federal 40-hour week is the rule. A handful add daily overtime, a different weekly limit or a seventh-day premium.

This page lists the jurisdictions the Department of Labor shows with premium pay thresholds beyond the federal week. If your state is not in the table, the DOL page lists no daily or other threshold for it, which is not the same as a guarantee that nothing applies to your job. Some rules apply to one industry, and some cities have their own laws.

Which states have daily overtime or special overtime rules?

Unless noted, the premium is one and a half times the regular rate. Check the state labor department for the exact wording, the exemptions and any wage order for your industry. Minnesota’s limit is 48 hours, higher than the federal 40, so federal overtime still applies after 40 for the employees it covers.

What do four 12-hour shifts pay in different states?

Four 12-hour shifts are 48 hours. At $20 an hour under the federal rule, 40 hours are paid at $20 and 8 at $30, for $1,040.00. Under a daily rule the same week pays more, because hours over 8 each day count as overtime and California adds double time after 12. The figures below come from the site’s overtime engine for one week of four 12-hour days.

In Nevada, a worker paid under one and a half times the state minimum wage gets daily overtime; above that wage only the weekly 40-hour rule applies. The calculator uses $18.00 an hour as that limit from July 1, 2026, from the Labor Commissioner’s annual bulletin; check the current bulletin for the figure. Colorado’s daily limit is 12 hours, so four 12-hour days in Colorado pay as the federal rule does, but a 13-hour day would count.

What is seventh-day overtime?

A few places pay a premium when an employee works every day of the week. California pays one and a half times the regular rate for the first 8 hours on the seventh consecutive day of a workweek and double time after 8. Kentucky requires time and a half on the seventh day when an employee works all seven days. Connecticut applies a seventh-day rule to restaurants and hotel restaurants, and the Virgin Islands list a premium for the sixth or seventh consecutive day. The rule differs in each place, so read your own state’s text.

How do federal and state overtime work together?

The employee is entitled to the more protective rule, and the same hour is not paid overtime twice. If a day already counted as daily overtime, it does not also count as weekly overtime. For example, in a state with daily overtime, a week of five 10-hour days has 10 daily overtime hours, and the weekly 40-hour rule adds nothing on top because those hours are already at the overtime rate. The overtime calculator applies this and shows the split.

How do you find your own state’s overtime rule?

1. Open your state labor department’s page on overtime or wage and hour, and read what it says about daily limits, weekly limits and exemptions.
2. Check the Department of Labor’s state page linked in the sources for the summary and a link to each state.
3. Look for a wage order or an industry rule if you work in healthcare, hospitality, agriculture or transportation, which are often treated differently.
4. Check your city or county for a local rule.
5. Read your employment agreement or union contract; it can only add to the legal minimum.

Common state overtime mistakes

Most mistakes come from assuming the California rules apply everywhere, or that a state with no daily rule has no overtime.

• Applying California double time in a state that does not have it.
• Assuming no daily overtime means no overtime. The federal 40-hour rule still applies.
• Counting an hour as daily and weekly overtime at the same time.
• Forgetting the Nevada wage test for daily overtime.
• Treating the DOL summary as the whole law and skipping industry rules.
• Using a state rule for a worker the state exempts.

Common questions

Sources

Reviewed on 31 Oct 2026 against the published sources below. Laws and prices change, so check the current position before you rely on a figure.

• U.S. Department of Labor, Wage and Hour Division: State Minimum Wage Laws, with premium pay after designated hours by state (page last updated July 1, 2026)
• 29 U.S.C. 218: Effect on other laws (the Act does not excuse noncompliance with a state law that sets a stricter standard)
• U.S. Department of Labor, Wage and Hour Division: Overtime Pay
• Nevada Labor Commissioner: 2026 Annual Bulletin, Daily Overtime

The list of jurisdictions and their thresholds is taken from the Department of Labor's state page, which was last updated on July 1, 2026 when it was read on October 31, 2026. The worked example is calculated by the same overtime engine the site's 12-hour shift calculator uses. State law changes, and the DOL page summarizes it; a state labor department is the authority for its own state. Industry-specific rules, local ordinances and union agreements are not covered.

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