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Overtime laws by state (2026) + overtime pay calculatorUpdated

Direct answer: Federal law requires time and a half after 40 hours in a workweek, with no daily overtime. As of Oct. 18, 2026, 19 states, including Tennessee, have no overtime rule in the Labor Department's state table, so the federal rule applies. Four states add daily overtime: California (over 8 hours, double time over 12), Alaska, Nevada and Colorado.

By the numbers: 19 states with no state overtime rule (federal 40-hour rule applies); 30 states with their own 40-hour rule; daily overtime in AK, CA, CO, NV (+ Puerto Rico, Virgin Islands); federal salary threshold $684 a week. Source: U.S. DOL Wage and Hour Division state table (July 1, 2026) + DOL Fact Sheet #23

“Unless specifically exempted, employees covered by the Act must receive overtime pay for hours worked in excess of 40 in a workweek at a rate not less than time and one-half their regular rates of pay.” — U.S. Department of Labor, Fact Sheet #23

Updated 2026-10-18

Quick Q&A
Does Tennessee have daily overtime?

No. Tennessee has no state overtime law in the U.S. Labor Department's table, so the federal rule applies: time and a half after 40 hours in a workweek, with no overtime just for working more than 8 hours in a day. Example: five 10-hour days at $20 an hour = 40 × $20 + 10 × $30 = $1,100.00.

Which states have daily overtime?

Alaska (over 8 hours a day, employers with 4+ employees), California (over 8, double time over 12), Colorado (over 12) and Nevada (over 8, only for workers paid less than 1.5 times the state minimum, $18.00 an hour). Puerto Rico and the U.S. Virgin Islands also pay overtime after 8 hours a day (U.S. Labor Department).

What is the federal overtime salary threshold in 2026?

$684 a week ($35,568 a year), and $107,432 total pay for highly compensated employees (U.S. Labor Department). The 2024 rule that would have raised it to $844 and then $1,128 a week was vacated by federal courts in November and December 2024; the Labor Department restored the 2019 rule's text effective May 15, 2026. Salary alone doesn't make you exempt: the job duties must also qualify.

Does California pay double time?

Yes: double the regular rate after 12 hours in a workday and after 8 hours on the 7th consecutive day of work in a workweek; time and a half after 8 hours a day, after 40 a week, and for the first 8 hours on that 7th day (California DIR). Example: one 14-hour day at $20 = 8 × $20 + 4 × $30 + 2 × $40 = $360.00.

Do I get overtime for working weekends or holidays?

Not under federal law: it doesn't require extra pay for Saturdays, Sundays or holidays unless the hours push you over 40 in the workweek (U.S. Labor Department). Some states add rules, for example Kentucky's 7th-day rule and Rhode Island's Sunday and holiday pay in retail.

Can my employer average hours over two weeks to avoid overtime?

No. Under federal law each workweek stands alone; averaging two or more weeks isn't allowed, and you can't waive overtime by agreement (U.S. Labor Department Fact Sheet #23).

State overtime rules from the U.S. Labor Department's state table updated July 1, 2026, with state agency detail (CA, NV, AK, WA, OH); federal rules and salary threshold from DOL; checked Oct. 18, 2026.

As of Oct. 18, 2026 · U.S. Labor Department state table updated July 1, 2026 · federal salary threshold per DOL

Overtime: the short answer

Federal law: time and a half after 40 hours in a workweek, for non-exempt workers, in every state. As of Oct. 18, 2026, 19 states (including Tennessee) show no state overtime rule in the Labor Department's table, 30 have their own 40-hour rule, and four add daily overtime: California, Alaska, Nevada and Colorado.

The math:

  • Tennessee, five 10-hour days at $20: 40 × $20 + 10 × $30 = $1,100.00.
  • California, three 12-hour days (36 hours) at $20: 24 × $20 + 12 × $30 = $840.00, vs $720.00 under the federal rule alone.
  • Nevada, four 10-hour days at $15 (under $18.00): 32 × $15 + 8 × $22.50 = $660.00; at $20 an hour it's 40 × $20 = $800.00.

Sources: U.S. DOL state table (July 1, 2026) · DOL Fact Sheet #23 · California DIR

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Next steps

  1. Check whether you're exempt. Salaried isn't the same as exempt: the job duties and a salary of at least $684 a week (higher in some states) both have to qualify.
  2. Know your workweek. It's a fixed 7-day period your employer sets; overtime is counted week by week, never averaged.
  3. Not paid right? Keep your schedule and pay stubs, ask payroll, then contact your state labor office or the U.S. Labor Department's Wage and Hour Division (1-866-487-9243).
  4. Taxes: see no tax on tips & overtime and our paycheck calculator.

Overtime laws by state

From each state's “premium pay after designated hours” entry in the U.S. Labor Department's state table (updated July 1, 2026). Overtime is time and a half (1.5×) of the regular rate unless noted. Where a state lists nothing, jobs covered by the federal Fair Labor Standards Act still get overtime after 40 hours a week. When state and federal rules differ, the one that pays the worker more applies.

StateWeekly overtimeDaily overtime7th day / rest dayDouble timeNotes
AlabamaNot listed (federal: after 40)No——
AlaskaAfter 40 hoursAfter 8 hours——Daily overtime after 8 hours; doesn't apply to employers with fewer than 4 employees; A state-approved voluntary flexible plan can set a 10-hour day (overtime after 10 hours a day)
ArizonaNot listed (federal: after 40)No——
ArkansasAfter 40 hoursNo——
CaliforniaAfter 40 hoursAfter 8 hours7th consecutive day: 1.5× first 8 hours, 2× afterAfter 12 hours a day; after 8 on the 7th dayTime and a half after 8 hours a day and for the first 8 hours on the 7th consecutive day of the workweek; Double time after 12 hours a day and after 8 hours on the 7th consecutive day; Alternative workweek schedules adopted under the Labor Code can change the daily rule
ColoradoAfter 40 hoursAfter 12 hours——Overtime after 12 hours in a workday or 40 in a workweek
ConnecticutAfter 40 hoursNo——Restaurants and hotel restaurants: 7th consecutive day of work paid at time and a half the minimum rate
DelawareNot listed (federal: after 40)No——
District of ColumbiaAfter 40 hoursNo——
FloridaNot listed (federal: after 40)No——
GeorgiaNot listed (federal: after 40)No——
GuamAfter 40 hoursNo——
HawaiiAfter 40 hoursNo——Employees guaranteed $4,000 or more a month are exempt from the state minimum wage and overtime law
IdahoNot listed (federal: after 40)No——
IllinoisAfter 40 hoursNo——
IndianaAfter 40 hoursNo——
IowaNot listed (federal: after 40)No——
KansasNot listed (federal: after 40)No——
KentuckyAfter 40 hoursNo7th day at 1.5× if you work all 7 days—Work all 7 days of the workweek: hours on the 7th day at time and a half (not when you're held to 40 hours total)
LouisianaNot listed (federal: after 40)No——
MaineAfter 40 hoursNo——
MarylandAfter 40 hoursNo——
MassachusettsAfter 40 hoursNo——
MichiganAfter 40 hoursNo——
MinnesotaAfter 48 hours (federal: after 40 for covered jobs)No——State law: overtime after 48 hours a week; jobs covered by federal law still get overtime after 40
MississippiNot listed (federal: after 40)No——
MissouriAfter 40 hoursNo——Seasonal amusement or recreation businesses: overtime after 52 hours
MontanaAfter 40 hoursNo——
NebraskaNot listed (federal: after 40)No——
NevadaAfter 40 hoursAfter 8 hours (if paid under $18.00/hr)——Daily overtime after 8 hours only if paid less than 1.5 times the state minimum ($18.00 an hour at the $12.00 minimum); Not for a mutually agreed schedule of four 10-hour days (NRS 608.018)
New HampshireAfter 40 hoursNo——
New JerseyAfter 40 hoursNo——
New MexicoAfter 40 hoursNo——
New YorkAfter 40 hoursNo——Live-in residential workers: overtime after 44 hours a week
North CarolinaAfter 40 hoursNo——Seasonal amusement or recreational businesses: overtime after 45 hours
North DakotaAfter 40 hoursNo——
Northern Mariana IslandsNot listed (federal: after 40)No——
OhioAfter 40 hoursNo——Ohio's overtime law doesn't apply to employers grossing less than $150,000 a year (Ohio 2027 poster); federal law may still apply
OklahomaNot listed (federal: after 40)No——
OregonAfter 40 hoursNo——Mills, factories, manufacturing and nonfarm canneries/packing plants: overtime after 10 hours a day (sawmills, planing mills, shingle mills and logging camps excluded)
PennsylvaniaAfter 40 hoursNo——
Puerto RicoAfter 40 hoursAfter 8 hoursWeekly rest day at 1.5×—Time and a half after 8 hours a day and for work on the weekly rest day; Workers hired before Jan. 26, 2017 keep any greater rights they had
Rhode IslandAfter 40 hoursNo——Time and a half for Sunday and holiday work in retail and certain other businesses (separate laws)
South CarolinaNot listed (federal: after 40)No——
South DakotaNot listed (federal: after 40)No——
TennesseeNot listed (federal: after 40)No——
TexasNot listed (federal: after 40)No——
UtahNot listed (federal: after 40)No——
VermontAfter 40 hoursNo——
Virgin IslandsAfter 40 hoursAfter 8 hours6th and 7th consecutive day at 1.5×—Overtime after 8 hours a day and for any hours on the 6th or 7th consecutive day of work
VirginiaNot listed (federal: after 40)No——
WashingtonAfter 40 hoursNo——No overtime premium for employees who ask for comp time instead (per the U.S. Labor Department's table)
West VirginiaAfter 40 hoursNo——
WisconsinAfter 40 hoursNo——
WyomingNot listed (federal: after 40)No——

“Not listed” means the Labor Department's table shows no state premium-pay rule; a state can still have narrow rules for jobs federal law doesn't cover, so check the state labor office. American Samoa is not shown. Sources: U.S. DOL state table (July 1, 2026) · California DIR · NRS 608.018 · Alaska DOLWD · Ohio Commerce poster

The federal overtime rules (FLSA)

Sources: DOL Fact Sheet #23 · DOL Overtime Pay

Salaried workers: who is exempt?

Sources: DOL salary thresholds · DOL Fact Sheet #17A · Federal Register (May 15, 2026) · California DIR exemptions · WA L&I salary thresholds

How we built this: each state's rule is read from the U.S. Labor Department's state table (saved with a checksum and parsed in code; every rule is checked against the saved text), with detail from California's Labor Commissioner, Nevada's statute, Alaska's labor department, Washington L&I and Ohio's poster. The calculator applies the state rule plus the federal 40-hour rule, counts each hour once (hours already paid a daily or 7th-day premium don't count again toward weekly overtime), and runs in your browser with the same arithmetic as our server-side test.

Facts and math, not legal advice. The U.S. Labor Department says to consult the state labor office for official information. Union contracts, alternative workweeks, public employees' comp time, and industry rules (health care, agriculture, transportation) aren't covered.

Sources & as-of dates

FAQ

Does Tennessee have daily overtime?

No. Tennessee has no state overtime law in the U.S. Labor Department's table, so the federal rule applies: time and a half after 40 hours in a workweek, with no overtime just for working more than 8 hours in a day. Example: five 10-hour days at $20 an hour = 40 × $20 + 10 × $30 = $1,100.00.

Which states have daily overtime?

Alaska (over 8 hours a day, employers with 4+ employees), California (over 8, double time over 12), Colorado (over 12) and Nevada (over 8, only for workers paid less than 1.5 times the state minimum, $18.00 an hour). Puerto Rico and the U.S. Virgin Islands also pay overtime after 8 hours a day (U.S. Labor Department).

What is the federal overtime salary threshold in 2026?

$684 a week ($35,568 a year), and $107,432 total pay for highly compensated employees (U.S. Labor Department). The 2024 rule that would have raised it to $844 and then $1,128 a week was vacated by federal courts in November and December 2024; the Labor Department restored the 2019 rule's text effective May 15, 2026. Salary alone doesn't make you exempt: the job duties must also qualify.

Does California pay double time?

Yes: double the regular rate after 12 hours in a workday and after 8 hours on the 7th consecutive day of work in a workweek; time and a half after 8 hours a day, after 40 a week, and for the first 8 hours on that 7th day (California DIR). Example: one 14-hour day at $20 = 8 × $20 + 4 × $30 + 2 × $40 = $360.00.

Do I get overtime for working weekends or holidays?

Not under federal law: it doesn't require extra pay for Saturdays, Sundays or holidays unless the hours push you over 40 in the workweek (U.S. Labor Department). Some states add rules, for example Kentucky's 7th-day rule and Rhode Island's Sunday and holiday pay in retail.

Can my employer average hours over two weeks to avoid overtime?

No. Under federal law each workweek stands alone; averaging two or more weeks isn't allowed, and you can't waive overtime by agreement (U.S. Labor Department Fact Sheet #23).

Estimates, not financial advice. Taxes, insurance, PMI and fees vary by lender, county and city; confirm with your lender, dealer and state agency before acting.

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