Overtime is a comprehensive subject, covering everything from employee eligibility to the calculation of compensation. This article will focus specifically on states with laws that differ from the federal Fair Labor Standards Act (FLSA).
For employees in states not listed below, overtime calculation generally follows the federal FLSA standard. Overtime is triggered when an employee works more than 40 hours in a continuous seven-day workweek, and the required premium pay rate is one and one-half times the employee’s regular rate of pay. It is important to remember that the FLSA provides certain exemptions, such as those for agricultural workers and motion picture theater workers. Note that some states do not recognize all FLSA exemptions, as detailed in the examples below.
Hours worked, exceeding 8 hours in a single day or more than 40 hours in a workweek, must be compensated at time and one-half the regular wage.
Overtime is calculated at one and one-half times the regular rate of pay for all hours worked over 8 hours, up to and including 12 hours in any workday and for the first 8 hours worked on the seventh consecutive day of work in a workweek. A double-time rate (double the regular rate of pay) applies to all hours worked, exceeding 12 hours in any workday, and all hours worked over 8 on the seventh consecutive day of work in a workweek. Detailed exemptions and exceptions from these state overtime laws should be reviewed carefully. Additionally, as of 2025, employers with 25 or fewer employees are required to pay overtime to agricultural workers after 8 hours daily or 40 hours weekly.
Employees must be paid time and one-half their regular rate of pay for work that exceeds 40 hours per workweek, 12 hours per workday or 12 consecutive hours (excluding duty-free meal periods,) with payment based on whichever calculation yields the greater wage. Agricultural employees may be exempt from both the 40-hour weekly and the 12-hour daily overtime pay requirements, with specific provisions detailed in the standards order.
Florida law defines a legal workday for manual laborers as 10 hours. Employers may not require manual laborers to work more than 10 hours daily without extra pay, unless a written contract between the worker and employer specifies a different number of daily labor hours.
Employees must be paid overtime at one and one-half times the regular hourly rate of pay for hours worked on their seventh consecutive day in a single workweek. This requirement exempts supervisors, managers, foremen and officers whose primary duty is the supervision of other workers.
While Maine generally follows the FLSA standard, employers are prohibited from requiring employees to work more than 80 hours of overtime in any consecutive two-week period.
Nevada requires overtime after 8 hours in a single day, but this requirement only applies to employees earning less than $18.00 per hour (one and one-half times the current state minimum wage of $12.00 per hour). An employer can establish a mutual agreement with the employee for a scheduled 10 hours per day for four calendar days within a scheduled workweek.
Employers in mill, factory and manufacturing establishments must compensate employees at one and one-half times the regular hourly rate of pay for hours worked, exceeding 10 hours in a day (or 8 hours for certain timber-related activities). For agricultural workers, overtime is paid for hours worked in excess of 48 hours per week in 2026, with the threshold decreasing to the standard 40 hours per week by 2027.
Employees covered by Puerto Rico’s overtime law, hired on or after January 26, 2017, must receive one and one-half times their regular rate of pay for hours worked, exceeding eight in any calendar day or 40 in a workweek, regardless of the industry.
Work performed on Sundays, and 10 state-recognized holidays, must be paid at a rate of at least one and one-half times the normal rate of pay. Specific exemptions apply to this rule, including:
- Any manufacturer of wall-covering products that operates for seven (7) continuous days per week, twenty-four (24) hours per day and has complied with the provisions of subsection (a), is exempt from the requirement that the work be voluntary on Sundays, as provided in subsection (a), provided that the manufacturer increases employment by at least ten percent (10%) within one year of its conversion to continuous operation from non-continuous operation.
- Any manufacturer that operates three (3) shifts, or begins its workweek on Sundays, may begin the shift or start the workweek at 11:00 P.M. on Sunday and not be required to pay its employees one and one-half (1½) times the normal rate of pay during the one-hour period between 11:00 P.M. Sunday and 12 midnight.
- Any and all employees of a chauffeur-driven limousine or taxi cab company operating seven (7) continuous days per week, twenty-four (24) hours per day are exempt from the provisions of subsection (a), hereof.
- Any car rental company operating a car rental agency at Rhode Island T.F. Green International Airport and is required, pursuant to its lease agreement with the Rhode Island airport corporation, to operate on Sundays and/or holidays is exempt from the provisions of subsection (a), hereof, with respect to work performed at its Rhode Island T.F. Green International Airport location.
Minors between 16 and 18 years of age are entitled to overtime pay, if they work more than 10 hours in a day, in addition to working more than 40 hours in a week.
In summary, this demonstrates that numerous states and territories have established overtime regulations that notably diverge from the federal FLSA standard, often introducing daily thresholds, premium pay for consecutive workdays and state-specific exemptions. It is vital to understand that the ultimate responsibility for the correct determination and payment of overtime rests solely with the employer, even when utilizing a payroll service provider.
Since labor laws are subject to frequent changes,some of which are already scheduled for future implementation as noted in the examples,it is critical for employers to consult their official state labor department resources or seek legal counsel to ensure continuous compliance and the most accurate application of current wage and hour regulations.
While we make every attempt to ensure the accuracy and reliability of the information provided in this article, the information is provided “as-is” without warranty of any kind. Romeo Chicco or PayMaster, Inc. does not accept any responsibility or liability for the accuracy, content, completeness, legality or reliability of the information contained. Consult with your CPA, Attorney, and/or HR Professional, as state and local laws and your situation may vary.
