Are You Complying With Your State’s Overtime Law?

Quinn Dombrowski Flickr

According to the Fair Labor Standards Act (FLSA), non-exempt employees must receive overtime pay for hours worked over 40 in a workweek at a rate not less than time and one-half their regular rates of pay.

Some states also have enacted their own overtime laws. Where an employee is subject to both the state and federal overtime laws, the employee is entitled to overtime according to the higher standard (i.e., the standard that will provide the higher rate of pay). Here is a list of of overtime laws, alphabetically by state:

ALABAMA:  no state law; follows federal guidelines

ALASKA:  premium pay after 8 hours in a day, 40 hours in a workweek
10 hour day/40 hour workweek may be instituted with premium pay after 10 hours a day instead of after 8 hours.

The premium overtime pay requirement on either a daily or weekly basis is not applicable to employers of fewer than 4 employees.

ARIZONA:  no state law; follows federal guidelines

ARKANSAS: premium pay after 40 hours in a workweek

CALIFORNIA:  premium pay after 8 hours in a day, 40 hours in a workweek
Any work in excess of eight hours in one workday and any work in excess of 40 hours in one workweek and the first eight hours worked on the seventh day of work in any one workweek shall be at the rate of one and one-half times the regular rate of pay.

Any work in excess of 12 hours in one day and any work in excess of eight hours on any seventh day of a workweek shall be paid no less than twice the regular rate of pay. California Labor Code section 310.

Exceptions apply to an employee working pursuant to an alternative workweek adopted pursuant to applicable Labor Code sections and for time spent commuting. (See Labor Code sections 510 for exceptions).

COLORADO:  premium pay after 12 hours in a day, 40 hours in a workweek
Overtime provisions applicable to retail and service, commercial support service, food and beverage, and health and medical industries.

CONNECTICUT:  premium pay after 40 hours in a workweek
In restaurants and hotel restaurants, for the 7th consecutive day of work, premium pay is required at time and one half the minimum rate.

DELAWARE:  no state law; follows federal guidelines

DISTRICT OF COLUMBIA:  premium pay after 40 hours in a workweek

FLORIDA:  no state law; follows federal guidelines

GEORGIA:  no state law; follows federal guidelines

HAWAII:   premium pay after 40 hours in a workweek
An employee earning a guaranteed monthly compensation of $2,000 or more is exempt from the State overtime law.

IDAHO:  no state law; follows federal guidelines

ILLINOIS:   premium pay after 40 hours in a workweek

INDIANA:  premium pay after 40 hours in a workweek

IOWA:  no state law; follows federal guidelines

KANSAS:  premium pay after 46 hours in a workweek
Employees covered under the FLSA receive overtime after 40 hours in a week.

KENTUCKY:  premium pay after 40 hours in a workweek
Premium pay on the seventh day for those employees who work seven days in any one workweek.

Compensating time in lieu of overtime is allowed upon written request by an employee of any county, charter county, consolidated local government, or urban-county government, including an employee of a county-elected official.

LOUISIANA:  no state law; follows federal guidelines

MAINE:  premium pay after 40 hours in a workweek

MARYLAND:  premium pay after 40 hours in a workweek

MASSACHUSETTS:  premium pay after 40 hours in a workweek

MICHIGAN:  premium pay after 40 hours in a workweek

MINNESOTA:  premium pay after 48 hours in a workweek
Employees covered under the FLSA receive overtime after 40 hours in a week.

MISSISSIPPI no state law; follows federal guidelines

MISSOURI:  premium pay after 40 hours in a workweek
In addition to the exemption for federally covered employment, the law exempts, among others, employees of a retail or service business with gross annual sales or business done of less than $500,000.

Premium pay required after 52 hours in seasonal amusement or recreation businesses.

MONTANA:  premium pay after 40 hours in a workweek

NEBRASKA:  no state law; follows federal guidelines

NEVADA:  premium pay after 8 hours in a day, 40 hours in a workweek
The premium overtime pay requirement on either a daily or weekly basis is not applicable to employees who are compensated at not less than one and one-half times the minimum rate or to employees of enterprises having a gross annual sales volume of less than $250,000.

NEW HAMPSHIRE:  premium pay after 40 hours in a workweek

NEW JERSEY:  premium pay after 40 hours in a workweek

NEW MEXICO:  premium pay after 40 hours in a workweek

NEW YORK:  premium pay after 40 hours in a workweek

NORTH CAROLINA:  premium pay after 40 hours in a workweek
Premium pay is required after 45 hours a week in seasonal amusements or recreational establishments.

NORTH DAKOTA:  premium pay after 40 hours in a workweek

OHIO:  premium pay after 40 hours in a workweek

OKLAHOMA:  no state law; follows federal guidelines

OREGON:  premium pay after 40 hours in a workweek
Premium pay required after 10 hours a day in nonfarm canneries, driers, or packing plants and in mills, factories or manufacturing establishments (excluding sawmills, planning mills, shingle mills, and logging camps).

PENNSYLVANIA:  premium pay after 40 hours in a workweek

PUERTO RICO:  premium pay after 8 hours in a day, 40 hours in a workweek
Double time on statutory rest day
Double time after 40 hours per week

RHODE ISLAND:  premium pay after 40 hours in a workweek
Time and one-half premium pay for work on Sundays and holidays in retail and certain other businesses is required under two laws that are separate from the minimum wage law.

SOUTH CAROLINA:  no state law; follows federal guidelines

SOUTH DAKOTA:  no state law; follows federal guidelines

TENNESSEE:  no state law; follows federal guidelines

TEXAS:  no state law; follows federal guidelines

UTAH:  no state law; follows federal guidelines

VERMONT:  premium pay after 40 hours in a workweek
The State overtime pay provision has very limited application because it exempts numerous types of establishments, such as retail and service; seasonal amusement/recreation; hotels, motels, restaurants; and transportation employees to whom the Federal (FLSA) overtime provision does not apply.

VIRGINIA: no state law; follows federal guidelines

VIRGIN ISLANDS:  premium pay after 8 hours in a day, 40 hours in a workweek
State law – overtime on 6th and 7th consecutive days.

WASHINGTON:  premium pay after 40 hours in a workweek
Premium pay not applicable to employees who request compensating time off in lieu of premium pay.

WEST VIRGINIA:  premium pay after 40 hours in a workweek

WISCONSIN:  premium pay after 40 hours in a workweek

WYOMING: no state law; follows federal guidelines

Please leave comments and let me know if you have questions.

Photo: Quinn Dombrowkski, Flickr

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