Federal rule (FLSA)
Covered, non-exempt employees get at least 1.5 times their regular rate for hours over 40 in a workweek. The workweek is a fixed, regularly recurring 168-hour period; it does not have to start on Sunday. Federal law does not require extra pay for weekends, holidays or nights, and it does not require daily overtime.
States with daily overtime
| State | Daily rule |
|---|---|
| California | 1.5x after 8 hours a day; 2x after 12; special rules on the 7th day in a row |
| Alaska | 1.5x after 8 hours a day (with exceptions) |
| Colorado | 1.5x after 12 hours a day or 12 hours in a row |
| Nevada | 1.5x after 8 hours in a 24-hour period for some lower-paid workers |
Puerto Rico and the US Virgin Islands also have daily overtime after 8 hours. All of these sit alongside the weekly 40-hour rule.
Check your situation
Exemptions, alternative workweek agreements and union contracts change the answer. Your state labor department is the place to confirm.
Estimate a week with the time card calculator.
Sources
- US Department of Labor: overtime under the FLSA (1.5 times the regular rate after 40 hours in a workweek; the workweek is a fixed 168-hour period)
- US Department of Labor, Wage and Hour Division Fact Sheet 23: Overtime Pay Requirements of the FLSA
- SHRM: Which states have daily overtime pay laws? (Alaska, California, Nevada, Puerto Rico and the Virgin Islands after 8 hours; Colorado after 12)
- CalChamber: Understanding Overtime Pay in California (8 and 12 hour daily rules, 7th consecutive day)
Sources last checked 1 November 2026.
